Anti-monopoly Suspension Investigation System Research

Suspension system is a kind of enforcement procedure rule of anti-trust law, which allows the anti-trust organization to pause its survey action based on the commitments made by the anti-trust organization and the operator during the anti-trust investigation, and supervises the performance of the operator in order to make a decision to end or restart the anti-trust investigation. Suspension system comes into being for cut down the law-enforcement cost, overcome the risk of law, acquire a better effect of economic law. Suspension system contains abundantly procedure rights, obligations and completely progresses, and it owns importantly legal function. This issue arrange and conclude a majority of basic theories of suspension system; research on its emerging, developing and maturating, and the practice and problems of Chinese suspension system; puts some advices of those problems to make Chinese suspension system develop better.This issue is about 40 thousand words, and it departed into 5 chapters, which are: Introduction, Basic theories of suspension system, Practice of suspension system, How to optimize Chinese suspension system, Conclusion. Introduction talks about the reason of choosing suspension system as the main theme of this issue, the relative literature review, the methods for research, and the logical system of this issue. Chapter 1 comes up the concept of suspension system, and answers it's emerge reasons, includes, legal effects and functions. Chapter 2 respectively surveys the emerging and developing of suspension system, which takes the US and the EU as examples, and the legal source and practice of Chinese suspension system. Especially, this chapter analyses the following shortage of Chinese suspension system: lacking of an effective link system between suspension and anti-trust investigation, no effective communication mechanism, no transparency, far from completed supervision, lacking of legal obligations for the operator who violate the commitment, and no relieves for the operator who infringed by anti-trust organizations. From the point of view of improving Chinese suspension system, chapter 3 puts the following suggestions: setting up the implement conditions of suspension, building effective communication mechanism, putting up public partake progress, improving supervision rules, setting up legal obligations in suspension, etc. Conclusion restates all the arguments of this issue that suspension system is an independent and important enforcement procedure of anti-trust law, and the system in China is still not perfect, so some pointedly methods which toward Chinese suspension system are necessary.