Research On Operators Commitment System

The antitrust enforcement system aims to increase the effectiveness on theimplementation of anti-monopoly law, prevent and stop illegal monopolistic practices, protectrights and interests of the damaged parties, protect and promote the free competition ofmarket. Affected by economic globalization, the monopolistic behavior becomes morecomplex and hidden, greatly increasing the difficulty of antitrust enforcement. Traditionalenforcement is difficult to sanction against monopolistic behaviors quickly and effectively, toachieve the goal of antitrust enforcement. However, commitment system with unique functionand value, gradually into the field of antitrust enforcement, and become an important way ofantitrust enforcement. The commitment system is different from the way of traditionalantitrust enforcement, which is an equal, consultable, multi-juridical way. In the commitmentsystem, competition authority and operators can solve monopoly through consultations andreach a settlement. Meanwhile, competition authority doesn’t have to make a decisionbetween legality and infringement about the investigated operators. The undertaking ofenforcement can save resources, improve the efficiency of antitrust enforcement greatly, solvethe difficult problems of gathering evidences. But, to a certain extent commitment systemwhich has the nature of settlement, can sacrifice other value of the antitrust law. Therefore,how to overcome the lack of commitment system, and exert its superiority, and finally achievethe purpose of antitrust enforcement has became the problem that we must to solve.With this problem in mind, this thesis begins with the conception and characteristics ofcommitment system, dissects the reasons for production, essence, advantages and problems ofit. And then combs the legal provisions and operational situation of our commitment systemrespectively. Finally, this thesis analyzes the deficiencies of commitment system in theprocess of operation. For a comprehensive analysis of its operating process deficiencies, thisarticle will respectively study the three stages of commitment system, which commitmentsystem will be divided into preliminary stage, concrete operational stage, executing stage.Through the above analysis it is concluded that the shortcomings of the commitment systemin China, embodied in: First, commitment system may exist risks in the application, whichneed to be controlled; Second, the legal provisions are just principles which are notspecificand short of operability; Third, its prerequisite is unknown, and the applicable scope is too wide; Fourth, it lacks mechanism to protect the interest of third parties and the public;Fifth, its supervision mechanism is not sound. To solve above problems, this article on thebasis of the experience from other countries, and combined with China’s national conditions,refines and improves the three stages of commitment system.This thesis is divided into four parts, except the preface and the conclusion. The contentsof each parts as follows:PartⅠ: General issues of commitment system. This part focuses on the basic question ofcommitment system, and prepare for further research. First of all,This thesis, starting with the study on conception, characteristics and eccence of commitmentsystem. Secondly, it explores the reason that why commitment system can generate. Finally, itfrom the perspective of theory and practice analyzes the advantages and disadvantages ofcommitment system.Part Ⅱ: The relevant provisions and current situation of commitment system in ourcountry. This part straightens out to the relevant laws and regulations of commitment systemin China, and analyzes its current situation combined with cases,then reaches the conclusionthat our anti-monopoly law on commitment system is far from specific and short ofoperability.Part Ⅲ: The shortcomings of commitment system in China. This part studies preliminarystage, concrete operation stage and executing stage, which belong to the three stages ofCommitment system operation, and finds that commitment system exist some deficienciesincluding cope of application, the rules of start negotiation procedure, supervision mechanismand mechanism of the public interest.Part Ⅳ: The improvement of the commitment system in our country. On the basis of thethird part, this part improves and refines the commitment system, from the start to negotiationand then to supervision. Finally, this thesis also supplement the relevant provisions to connectthe antitrust civil litigation system with the commitment system.