Protection Research On The Third Person’s Rights And Interests In Antitrust Enforcement Commitment System

Since 2008 our country has enacted the "anti-monopoly law," implementation issues of antitrust law have aroused concerns of the community. Due to the impact of economic globalization, monopolistic behavior have become more and more complex, antitrust enforcement difficulty is increasing, which makes the traditional antitrust enforcement can not be a fast and efficient way to achieve the purpose of the antitrust laws, so the 20008-year antitrust law have introduced a commitment system to the operators. With traditional anti-monopoly law enforcement is not the same, the operator commitment system is the commitment between operators and antitrust enforcement agencies to resolve the issue through negotiation reached, after the operator makes commitment, antitrust enforcement agencies do not need to alleged unlawful or legal evaluation to monopolized operator. Asking for antitrust enforcement promises system significantly savings the resources in law enforcement, improving the efficiency of law enforcement, but the operator commitment system is short of the provisions about the third party rights protection. This paper starts with the concept of antitrust enforcement promise regime to analysis China’s anti-monopoly law enforcement promise regime, learning from foreign countries（regions）’ provisions on the basis of commitment system, combining with our practices to make some suggestions on the third party rights protection system in China’s anti-monopoly enforcement commitment.In addition to the introduction and conclusion of this article, there are the following components:Part I: The general theories of antitrust enforcement commitment system. This section introduces the concept of antitrust enforcement commitment system, the meaning of promises system, commitments and some application conditions.Part II: Comparison of extraterritorial enforcement, basing on nationall（region） anti-monopoly practices to enlightenment the china commitment system. This section describes the different nationall（region） regulations in the commitment system, and implications of China’s anti-monopoly enforcement regime promised to protect the rights and interests of third parties.Part III: The problems about legislation of anti-monopoly enforcement and commitment system operational. This section reviews the main relevant laws and regulations about commitments of antitrust enforcement regime, combining with the practices of law enforcement problems analysis the third party rights protection issues of antitrust enforcement commitment system existing.Part IV: The proposals of protecting the interests of the third person in antitrust enforcement commitment system. The part is mainly to improve the human rights protection from legislative, improving the participation rights of third parties, and the right to obtain relief.