The Research Of Antitrust Settlement System

With the prosperity of global economy, the anti-monopoly settlement system is viewedas a moderate way to solve legal disputes and has been widely applied to anti-monopoly lawpractice. As a non-formal procedure, the anti-monopoly settlement system means that theanti-monopoly law enforcement agencies and the alleged monopoly operators negotiate on theillegal activities and finally close a case with reconciliation agreement. The systemsoriginated from America, later was spread by European countries, and now is introduced bymany countries in the world. The system is characterized by saving the cost of lawenforcement, evading disagreement, and improving efficiency.What’s more, it strengthens theeffectiveness of anti-monopoly law, represents the value of fairness and justice. Due to theshort time of anti-monopoly law drafting and limited law practice, there still exist manyproblems in settlement system in our country and lots of efforts need to be made.The paper mainly consists of four parts.The first part deals with the relevant theories about anti-monopoly settlement system.Firstly, the notion is demonstrated and the background is introduced, the comparison betweensettlement system and the leniency system is made; then the values and the functions of theanti-monopoly settlement system are discussed.The second part focuses on the current analysis of some foreign countries in conductingthe anti-monopoly settlement system, involving American Consent order and Agreementdecision system, European Commitment decision system, all of which provide reference forour development of anti-monopoly law.The third part covers the current situation of china’s anti-monopoly settlement system.This part will analyze the rules of Article45from anti-monopoly law and demonstrate theexisting problems.The fourth part puts forward some concrete suggestions from five aspects. Firstly,specify the scope of the settlement agreement; secondly, improve the concrete proceduralrules; thirdly, strengthen the protection of interested party system; fourthly, perfect the systemto punish those failing to perform the reconciliation agreement; fifthly, establish and improvethe supervision mechanism. Through the analysis of the concrete suggestions, the paper aims to promote the effectiveness of our country’s anti-monopoly law and to offer help to improveour anti-monopoly legislation.