Research On The Protection Of The Rights And Interests Of The Interested Parties In The Commitment System Of Business Operator

Commitment system of the business operator is referred to the consensus made by the anti-monopoly enforcement agencies with the alleged monopoly operators who are being investigated. Under this consensus, the operators will have to stop suspected monopolistic actions and eliminate the consequences of previous actions, and the enforcement agencies are about to suspend the investigation. As an important form of modern anti-monopoly law implement, it is favored by countries all over the world for its advantages of saving administrative resources and improving the efficiency of enforcement. Referring to the European Union’s decision system, our country has established the system of business operator commitment. But in terms of China’s existing laws and regulations, operator commitment system only sets the rights and obligations between the enforcement agencies and the monopoly operators. These law and regulations do not consider the protection of the rights and interests for the interested parties. During the process of making the decision to suspend the investigation, our country has not set up the protection mechanism for the interested parties. On February 2,2016, the National Development and Reform Commission has newly established the guidelines of operators commitment in anti-monopoly cases (Draft). It makes up the lack of legislation in participation right of the interested parties in a certain extent, but in practice, it still has limitations.By using case analysis, value analysis and comparative research methods, this thesis focuses on the issue on the rights and interests protection for the interested parties under the operator commitment system. On the basis of affirming the value and functioning of the system, analyzing the proper procedural rights that the interested parties should enjoy during the applicable process, and exploring the reasons as well as the problems of the system, then putting forward some proposals to improve China’s operator commitment system combining with other countries or regions outside similar experiences.This article’s main content is divided into four parts:The first part of the article analyses the current situation and problems of the commitment system of the business operator. By analyzing the anti-monopoly case involving China Telecom and China Unicom, this part explores the problems of the commitment system in the legislation and enforcement, then puts forward the problems existing in the commitment system on the protection of the rights and interests of the interested parties.The second part of the article defines the scope of interested parties as well as their rights and interests in the commitment system. This part initially defines the scope of the interested parties, except the operators involved in the alleged monopolistic actions, taking citizens, legal person or organization whose rights and obligations would be effected into the category of interested parties. Then illustrate the proper rights which the interested parties should enjoy including the right to know, right to participate, remedies and other procedural rights in the process of application of the commitment system.The third part of the article analyses the reasons for insufficient protection of the interested parties and problems existing in the process of applying the commitment system. This part initially analyzes the reasons for the lack of rights and interests protection in the commitment system, combined with the "process of China Telecom, China Unicom antitrust trial putting forward the problems of our operator commitment system in protection of the interested party.The fourth part of the article puts forward some improvement suggestions on the rights and interests protection of the interested parties. Based on the analysis and comparison of the United States, the European Union and China Taiwan region legislative theory and law enforcement experience, combined with the actual situation of our country. Putting some improved suggestions to the protection system of the interested parties in the commitment system of our country. Hoping to give more comprehensive and effective protection for the interested parties in our operator commitment system.