Research Antitrust Settlement System

With the world economy, the traditional antitrust law no longer meet the demand forrapid economic development, people’s high-paced high-speed and convenient livingconditions necessarily requires legal system, so antitrust settlement system came intobeing. Compared to traditional mode of trial, a settlement system, although there areefficient, saving a huge superiority judicial costs, but at its own shortcomings but alsowith the development of practice and storm drain doubt. Provisions of the settlementsystem in the "anti-monopoly law,"45, which has a high degree of generality contentrequirements, it is difficult to meet the needs of our diverse markets. Therefore, weshould improve relevant laws and regulations antitrust settlement system as soon aspossible, to provide legal support and protection for the future economic developmentamong the more original settlement cases.This paper uses a comparative analysis and context interpretation elaborate system ofreconciliation system, and analyzes the significance of the legal value of the settlementsystem exists, and put effective angle output from the economic analysis of theexistence of the settlement system is reasonable and justified sex. On the basis ofadvanced foreign practice on the proposed legislative inadequacies exist among oursettlement system, and want to improve the following aspects. The first must be framedscope of the settlement system; second start should clarify the rules and the applicablerules of the settlement system; The third should safeguard the interests of the publicinterest and the third person, and may in the case of violations of their rights for reliefby way of the first reconsideration and litigation; fourth, to regulate the purview of theanti-monopoly law enforcement agencies to prevent abuse of rights, harm the interestsof society; Fifth, open system to build reconciliation process, from application tonegotiate a settlement to be executed public; Sixth, the system should improve thesupervision mechanism of reconciliation, establish a comprehensive multi-levelsupervision.Of particular note is that law enforcement reconciliation as a way to deal with themonopoly case is the implementation of a formal antitrust proceedings balance andcomplement. Although the settlement system of recognition gained more and more countries, but it must be recognized that this system must be running with China’snational conditions, otherwise the system will not only not be able to achieve thedesired effect of curbing illegal monopolistic behavior, are more likely to impair China’sburgeoning culture of competition.