Research On The Protection Of The Interested Parties' Rights And Interests Of In The Antitrust Commitment System

With the development of consultative democracy,great progress had been made on administrative reconciliation.While administrative reconciliation finds its expression in the antitrust commitment system in Antitrust Law,it is insufficient to guarantee the interested parties' corresponding rights such as right to know,right to comment,right to remedy,etc.Owing to this system is lack of accurate restriction on the administrative discretion of the Antitrust Law enforcement agency and precise categories on the rights of the administrative counterparts.To deal with that,the National Development and Reform Commission(hereinafter referred to as the NDRC)issued the Guidelines on Commitment of Business Operators in Antimonopoly Cases(Draft)in February 2016.Based on its provisions protecting the interested parties' rights and interests,this thesis tries to sort out the current situation and make clear the difficulties in protecting the interested parties' rights and interests in the antitrust commitment system by referring to existing laws,regulations and relevant cases.It also aims at offering some reasonable suggestions for improvements on this issue by borrowing ideas from foreign countries.This thesis consists of the following four parts in addition to Introduction and conclusion:The first part illustrates the academic rationale of the interested parties in the antitrust commitment system,including the definition of the interested parties,the standards for recognizing the interested parties and their relevant rights and interests.This section makes it clear that the interested parties in the antitrust commitment system are the operators and consumers who have been infringed by monopoly behavior,and they enjoy the right to report,right to know,right to commitment,right to remedy and right to supervise execution.The second part analyzes the current situation of protecting the interested parties rights rights and interests in the antitrust commitment system.It analyzes from angles of legislation,judicature and law enforcement,laying a foundation for the following analysis of the existing problems on the protection of the interested parties' rights and interests.The third part explores the problems on protecting the interested parties' rights and interests in the antitrust commitment system.It exposes the deficiencies on the participation of the interested parties,the shortage of compensation mechanism to the interested parties,the weakness on constraining the administrative discretion of Antitrust Law enforcement agencies and the flaws on the antitrust civil litigation system.The last part puts forward some suggestions on promoting the protection for the interested parties' rights and interests in the antitrust commitment system.Such as guaranteeing the procedural participation of the interested parties,constructing the settlement rules,perfecting the rules on breaching promises,strengthening the restriction on administrative discretion of the Antitrust Law enforcement agencies,improving the antitrust civil litigation system.