The Research Of Commitment System Of Anti-Monopoly Law

China Telecom and China Unicom has encountered suspicion.The case is thefirst of its kind of implementation of China’s AML.However,The NationalDevelopment and Reform Commission(the following is short for NDRC) handle thecase prudently.There’s no clear decision today and has caused greatattention.Regardless of the case how to guideline the road of Chinese-style AML.Itsalready deeply test the system of commitment.Speaking from the academia,somescholars believe the case belongs to abuses of dominant position.It should appliedprudently.From a practical point of view,the NDRC has not clear show whether thecase applies to the commitment system.The paper believes that combined with theanti-monopoly legislation of other countries,the "per se illegal"monopoly behavior isexcluded from the scope of commitment system strictly.The behavior of abuses ofdominant position does not necessarily belong to"per se illegal".However,the casebelongs to the scope of commitment system.At the same time,from a theoretical ofview,consider the social background of the case,the author argue that the case alsoapplies to the commitment system.The paper is based on the case of China Telecom and China Unicom.Through theanalysis of the case to put forward to whether the case applies the commitmentsystem.Then leads to the reason why the case applies to the commitment system.Theanalysis of the reason mainly from the scope of commitment system,illegaluncertainty,cost savings and the public interest.Followed from the start of theprogram,the fulfillment of commitment,publicity,fulfillment and supervision toanalyze the case applies to the commitment system.Finally,the paper points out thedefects of the commitment system and puts forward to comprehensive proposals.In addition to the introduction and conclusion, the main content of this paper isdivided into four parts.Part one introduce the basement of this case.Through the case leas to the reasonof suspicion.That is identified as abuse of dominant position.Depending on the reasonsummarizes the focus of controversy and puts forward to whether the case applies to commitment system.Part two why the case applies to the commitment system.Through theintroduction of the commitment system to analyze the reason why the case applies tothe commitment system.Firstly,he behavior of abuses of dominant position does notnecessarily belong to"per se illegal".However,the case belongs to the scope ofcommitment system.Secondly,through the analysis of Deutsche Telecom and the caseof the Link Line to introduce that the case is not illegal certainly.Thirdly,from theconservation of resources,the aspect of public interest to argue that the case shouldapply to the commitment system.Part three analyze the system of commitment in detail.To argue the case appliesto the commitment system specifically.Through the analysis of the behavior of theNDRC to state the proposal has not accepted by the parties,the program has not beenstarted.Finally,from the publicity,fulfillment,supervision of the commitment toanalyze the case.Part four put forward to the question and some improvement suggestions.Thispart from the scope of the commitment system,the lack of protection of theoperators,the default punishment mechanism is imperfect,supervision in place to putforward improvement suggestions.