The Research On Anti-monopoly Enforcement Reconciliation System

Antitrust settlement is based on the advantages of saving the social cost,maintaining social and public interests, and closing a case efficiently, So antitrustsettlement system has been widely adopted by our practice. This article studiesantitrust settlement system from the legal perspective of certainty and uncertainty,analyzing antitrust settlement system which rules provide legal certainty attributes andwhether the current antitrust settlement’ legal certainty exists insufficient, which rulesreflect legal uncertainty attributes and how to reduce the uncertainty in antitrustsettlement,introducing many other countries and the Taiwan region of China onantitrust settlement related laws and regulations, learn from the advanced experiencein legislation, comprehensive consideration the actual situation of China’s socialdevelopment and legal certainty and uncertainty properties by improving the systemof antitrust settlement certainty and uncertainty of the legal regulation proposals.Thefirst is to achieve legal certainty for the pursuit of reconciliation reconciliation systemshould be excluded from costly cases, serious cases of monopolistic behavior suchmanner antitrust settlement system to limit the scope of; to clear antitrust settlementstartup phase, antitrust settlement system should be set in the start-up phase of theinitial operator being investigated, that law enforcement agencies have not yet fullygrasp the operators of illegal evidence period; establishment operators punishmentmechanisms, in addition to setting high fines, the behavior of the operators serious, bereputation credit limit. In order to reduce the uncertainty of antitrust settlement systemattributes settlement system should be strengthened to protect the public interest, etc.,set the announcement system; reconciliation settlement agreement should establishmonitoring mechanisms that were operating on a regular basis as the law enforcementagencies to report fulfillment, disclosure to the public, law enforcement agencies andthe public to accept the dual supervision.