The Protection Of Antitrust Commitments System Interested Party

Antitrust commitment is a common way of closing the practice in many countries or regions.In the course of the anti-monopoly law enforcement agencies in the investigation, the parties through equal consultations and reach consensus to end the antitrust dispute. This enforcement approach to improve the efficiency of law enforcement, the enforcement cost savings for antitrust provides a new idea. "Antitrust Law" and the introduction of the system to be used in the antitrust practice, however, because there is no will to protect the legitimate rights and interests of the interested parties included in the adjustment range of antitrust commitment system, our commitment to our existing anti-monopoly in force since 2008 the existence of the problem of inadequate protection of the interests of the interested parties system. This seriously depart from China’s "anti-monopoly law," the legislative purpose. For this reason, it is necessary to antitrust regime promised to protect the rights of interested parties to conduct systematic research better bring order to better serve the country’s anti-monopoly practices.Through empirical analysis, normative research, literature analysis, comparative reference other research methods, will gather perspectives on antitrust issues related commitment system to protect the rights and interests of the interested parties, from the basic theory of antitrust commitments, analyzes of antitrust the existence of institutional commitment to the interests of the interested parties and inadequate protection of the status of the existing problems, combined with the antitrust commitments overseas countries interested in the experience of Protection of Rights and Interests Protection of improving anti-monopoly regime promised interested in suggestions.Besides the introduction and conclusion, this paper is divided into three main parts.The first part is the basic theory of antitrust regime promised to protect the interests of the interested parties. Specifically addressed Origin antitrust commitment system development, combined with the theoretical definition of the concept of administrative law system in antitrust commitment interested parties, summarize the basic constituent elements and the scope of the interested parties, the difficulty here is that the interested person writing the Elements causality judgment and whether indirect purchasers interested in the basic range. Used in the definition of interested parties on the basis of jurisprudence, the theoretical analysis of the connotation of Law interested equity commitment system, and the need for commitment to protect the rights and interests of the interested party system analysis. Through discussion of this part, after the commencement of the specific text to make full theoretical groundwork.The second part is the status quo of China’s anti-monopoly regime promised to protect the interests of the interested parties and issues. This section using standard research methods, empirical analysis, from the legislative and operational levels of the anti-monopoly regime promised to review the status of the antitrust regime promised to protect the rights and interests of the interested party, summed up our commitment to the anti-monopoly regime interested interests protection problems implicit in this article are written to solve the problem.The third part is a proposal to improve the system of anti-monopoly commitment to protect the rights and interests of the interested parties. For this part of China’s anti-monopoly regime promised to protect the interests of the problems interested, refining and learning experience antitrust legislation and enforcement regime promised the United States, European Union, Taiwan, China and other countries and regions to protect the rights and interests of the interested parties, suggestions on our commitment antitrust regime interested in rights protection. Firstly, the commitment of antitrust regimes interested Protection should follow three principles: First, the principle of balance of interests; second, the principle of participation procedures; and third, the principle of effective relief. Secondly, specific ideas, this part of writing for innovation and difficult proposition from specification discretion of law enforcement agencies to promote interested parties to participate in the program, the establishment of a settlement payment distribution system, improve the dispute settlement mechanism, improve antitrust commitment system and antitrust civil actions in five areas of convergence protect the rights of interested parties.