The Right Guarantee In The Investigationg Enforcement Procedures Of EU Competition Law

The antitrust law is the law to regulate the market economy and belongs to the scope of the competition law. Our country’s Antitrust Law mainly uses EU competition law as reference and adopts the mode of administrative law enforcement. Because of too many terms of principle and relatively low operability of the antitrust law, the antitrust enforcement always needs direction. In this condition, it is necessary to discuss how to protect the right of the parties involved the investigation procedures. This paper can be divided into four chapters:The first chapter is the theoretical investigation of the parties’ rights in the investigation enforcement procedures of EU Competition Law. This chapter mainly discusses the legal sources of parties’ rights in the investigation enforcement procedures of EU Competition Law, the basic principles of EU Competition Law and the main rights owned by parties involved.The second chapter is the dynamic presentation of parties’ rights in the investigation enforcement procedures of EU Competition Law. Based on the first chapter, this chapter conducts dynamic analysis on the parties’rights in the enforcement procedures, embodies how parties’ rights are guaranteed in procedures through revealing enforcement rules and procedures of EU Competition Law.The third chapter is the evaluation on the protection system of parties’ rights in EU Competition Law. Based on the vertical and dynamic analysis on the parties’ rights in the investigation procedures of EU Competition Law in the first two chapters, this chapter discusses the value target and effect of law enforcement from process value, efficiency value and fair value these three aspects, to provide premise for the reference and perfection in the fourth chapter.The fourth chapter is the enlightenment of EU’s experience in law enforcement for our country. This chapter firstly introduces the protection status for parties’rights in our country’s antitrust investigations. In terms of legislation, there are problems of lacking supporting rules for implementation, decentralized law enforcement jurisdiction, fuzzy regulations for parties’ rights. In terms of the law enforcement, the problems are cross authority in the law enforcement and serious restriction for parties’ procedure rights. Afterwards, the writer put forwards suggestions, which use EU’s law enforcement methods as reference, to solve the deficiency in China’s antitrust law enforcement:establish simple frame for antitrust law enforcement in major fields; make each party’s rights and obligations clear in the simple frame for antitrust law enforcement; improve the relevant regulations of hearing process in the antitrust law enforcement procedures.