Research On Antitrust Enforcement Reconciliation System

On June 26,2019,the State Administration of Supervision and Administration of the State Council successively issued three interim regulations on anti-monopoly behaviors,demonstrating the importance and determination of China’s governance of monopoly behaviors that endanger fair market competition.The antitrust enforcement reconciliation system is the product of the development of the antitrust law to a certain stage.It is an indispensable and important part of the antitrust enforcement system.Compared with traditional law enforcement methods,it resolves disputes in a softer way and in a more rational way.Dealing with disputes in a more flexible way,resolving contradictions in a more flexible way,is conducive to saving public resources and improving the efficiency of implementation.Therefore,it has been favored by various countries since its creation.China’s anti-monopoly law also provides for the implementation of a reconciliation system,the operator commitment system.However,no system can provide perfection and perfection,and there will always be certain limitations.In particular,China’s anti-monopoly law has been implemented for a short period of time,fewer specific cases have been applied,and the laws and regulations have provided too general and principles.Therefore,this paper is based on the general theory of antitrust enforcement and reconciliation system.Based on the analysis and comprehensive analysis of the antitrust enforcement and reconciliation system,this paper proposes methods and suggestions to solve the problems in China’s antitrust enforcement and reconciliation system.This article consists of five parts.The first part is an introduction.First of all,it introduces the background,significance and current status of domestic and foreign research.There are few monographs on antitrust enforcement and reconciliation system research both at home and abroad.And in-depth,theoretical research has not kept up with the development of reality.Secondly,the author introduces the research methods and innovations and deficiencies of this article;The second part is the general theory of the antitrust law enforcement reconciliation system,which introduces the concept,nature,development history,value and negative impact of the antitrust law enforcement reconciliation system,so as to build the framework foundation of the antitrust law enforcement reconciliation system;The third part is the status quo and existing problems of China’s antitrust law enforcement reconciliation system.Starting from the typical cases of China’s antitrust law enforcement reconciliation system,it analyzes the legislative status of China’s antitrust law enforcement reconciliation system.The implementation reconciliation system has been further analyzed and elaborated.The entity has focused on analyzing and demonstrating the applicable conditions,scope,and content requirements of the law enforcement reconciliation system.It has also introduced the implementation,publicity,performance,supervision and countermeasures of the implementation reconciliation system.The rights and interests of the interested parties are protected in order to have a more comprehensive grasp of the anti-monopoly law enforcement reconciliation system;The fourth part is the extraterritorial antitrust law enforcement reconciliation system and its enlightenment.It mainly analyzes and introduces the antitrust law enforcement reconciliation system of relevant countries and regions outside the region.In the comparison,it finds gaps,defects,and problems,based on China’s national conditions.Find useful lessons and inspirations;The fifth part is to improve China’s anti-monopoly law enforcement reconciliation system.In view of the problems existing in China’s anti-monopoly law enforcement reconciliation system,this article puts forward specific suggestions from the start-up mechanism,supervision mechanism,punishment mechanism and stakeholder relief mechanism.Contribute to the improvement of China’s anti-monopoly law enforcement reconciliation system,thereby promoting the healthy development of China’s market economy.