Research On The Operator Commitment System In The Anti-monopoly Law

“Anti-monopoly Law of the People’s Republic of China”(hereinafter it referred to as the "Anti-Monopoly Law"),which is known as the "Economic Constitution",has been officially implemented since August 1,2008,and which plays a very important role in improving China’s market economy and promoting good market competition order.The Anti-monopoly Law has been widely praised since its implementation,some Chinese scholars refered to as a milestone in China’s market ecnomy reform.There are many bright spots and innovation in "Anti-Monopoly Law",in which the most attractive spot is the operators commitment system that is also calling for reconciliation systm of anti-monopoly law enforcement,this system was rgulated in Article 45 of China’s Anti-monopoly Law.With the continuous development of market economy,the forms of monopoly behaviors are more diversified which brought more difficultis to the enforcement of anti-monopoly law.Otherwise,traditional enforcement of anti-monopoly law have not already dealt with some anti-monopoly cases accurately and rapidly.Therefore,some new enforcement models of anti-monopoly such as the operator commitment system have gradually get into the realm of anti-monopoly law enforcement.Then,this system has bacame a key system in modern countries.The reconciliation systm of anti-monopoly law enforcement originated from America.After America,this system becomes a common practice in many countries,included European Union(EU).Because of many advantages and legitimacy,China’s anti-monopoly law has introduced the system basing on EU’S commitment system.The operators commitment system is a system that enforcement agencies and alleged monopolistic operator make a concession each other and then conclude a cantract to stop the alleged monopolistic behavior,eliminate the negative impact and solve the dispute quickly.China’s anti-monopoly law and its relevant supporting regulations on the commitment system is too simple,in addition,there also are some shortcomings.The research about this system in our academic circle are not deep enough.So,the operators commitment system has a huge academic research value and research space.This article mainly uses empirical analysis methods,documentary analysis,comparative analysis and historical analysis,then adopts the access from theory to practice,and from foreign country to our country,by this way,this paper will analyze the concept and other basic theories of the operators commitment system firstly.Next,this paper analyzes its present legislation,practice in our country as well as some other countries and regions.Last part,some suggestions are put forward to improve the the operators commitment system of our country.Reconciliation systm of anti-monopoly law enforcement is a theoretical concept,China’s anti-monopoly law named it as the “operators commitment system”.Efficiency is the first value of the operators commitment system,and the fair value is the second.Under the guidance of efficency value,this system should adhere to the principles of good faith,principles of autonomy of will and proportionality principle.Reconciliation systm has many advantages,for example,compared with the traditional anti-monopoly law enforcement,which can greatly save law enforcement resources and improve the efficiency of law enforcement.The operators commitment system was stipulatd in Article 45 of China’s Anti-monopoly Law and some document which were formulated by SAIC(State Administration for Industry and Commerce)and NDRC(National Development and Reform Commission).However,there are some deficiency in these legal nomal,for example,the scope of application of undertakings is unclear,the provisions on the reconciliation enforcement and its legal consequences are too simple to be applied.Besides,about problems of safeguard the legal rights of the thied party,reconciliation application condition have not been regulated so far.From the practice point of view,there are little cases which end up with operators commitment system,looking at foreign countries,the United States is the first country which has prescibed the reconciliation system and has launched this system,the European Union’s reconciliation system has been transplanted from America;our country’s reconciliation system has been intruduced from European Union;Taiwan area and Mainland area have the same root and legal cultural traditions and the similar environment.Therefore,it is of great significance to study the antitrust law reconciliation system of the above-mentioned countries and regions to perfect our country’s operator’s commitment system.Based on the experiences of the United States,the European Union and Taiwan area in China,and considered about the situation of China,this paper will give suggestions from the substantive content,procedural rules,to perfect our country’s operators commitment system.