Research On The System Of Operators’ Commitment In The Antitrust Law In China

The commitment system of operators in the antitrust law is also known as the antitrustlaw enforcement reconciliation system.It is a moderating law enforcement system in which law enforcement agencies and business operators who are suspected of monopolization reach a settlement agreement through consultation to resolve monopoly disputes.The original intention of its design attempts to obtain higher efficiency in anti-monopoly law enforcement at a lower cost.The commitment system of operators has been applied by many countries and regions due to its flexible and efficient advantages.It has a very high closing rate in the United States and the European Union.China stipulates this system in Article 45 of the ’Anti-Monopoly Law,’and later introduces detailed rules as its supplements.However,on the whole,China’s operators commitment system is still too crude in legislation,which leads to many problems in practice.This article gives a brief overview of the operator’s commitment system in terms of value.risk,theoretical basis,etc.,and adopts a comparative study approach to compare the operator’s commitment system in China’s anti-monopoly law with the United States and the European Union’s commitment system from various aspects.The comparative analysis drew the reasons for the higher application rate of the system in the United States and the European Union,but also reach the content which can be used by China.The most important part is the draft of the’Anti-Monopoly Case Operators Commitment Guidelines’ promulgated in February 2016,which analyzes the breakthroughs and points out the shortcomings of the operators’commitment system.Finally,based on the problems in the operator’s commitment system and on the basis of lessons learned from other countries.it puts forward the following suggestions:In terms of the applicable conditions of the operator’s commitment system,the specific meaning of the relevant concepts should be clarified;and in terms of the discretion of the law enforcement agencies,it should be fully disclosed.The contents of business operators promised to improve the anti-monopoly law enforcement information database;establish a special supervision agency to strengthen the supervision of the performance of the business operators:add a market test system and hearing procedures to improve the protection of stakeholders and public interests.