Study On The Monitoring Trustee Of Concentration In China

With the increasing concentration of cases in our country, antitrust enforcement agency become unable to fully monitor the implementation of the work,monitoringtrustee plays an increasingly important role in supervision work.Attach restrictive conditions about the concentration of regulations(trial) hasthe definition of monitoringtrustee andqualification and responsibility,Commerce Department announced the trust agreements of monitoring trustee(model text) in November 2015, but its legal status are unreasonable; Selecting principles of qualification too general, the Legal Nature of the monitoringtrustee trust agreement remain unclear. This paper analyses the relationship between monitoringtrustee and related subjects, point out that monitoring trustee should have the legal status of the appointment of the trustees. Using the theory of contracts terms of agreement, Pointed out that the agreement is a blend of both administrative and private law agreements combined; Analysis of appointment eligibility and selection procedures. In the end suggest that, first of all, establish perfect regulations. Secondly, establish administrative commission monitoring trustee. Thirdly, improve the model text form. Fourthly, establishment of alternative libraries and announcement system,.