Research On The Protection Of The Rights And Interests Of Interested Parties In Anti-monopoly Commitment System

In recent years,monopoly cases occur frequently and cause hot discussion.During this period,our country has also issued some policies to crack down on monopoly behavior,which means that our country pays more and more attention to anti-monopoly.And the commitment system which has important value to regulate antitrust behavior still deserves our attention.Since 2019,in order to strengthen the maneuverability of anti-monopoly law,China has promulgated two regulations,the interim measures against abuse of market dominant position and the interim measures against monopoly agreements.At the same time,in order to guide the application of the commitment system,the "Anti-monopoly case operator commitment Guide"(hereinafter referred to as " the Guide ")has been issued to improve the transparency of law enforcement agencies.With the development of the times,the Anti-monopoly Law is also in urgent need of revision,and in 2020,China also issued the draft revision of the Anti-monopoly Law(hereinafter referred to as "the draft ").In this context,in order to promote the development of the commitment system in a reasonable direction,it is necessary to study the problems existing in the system,such as the lack of protection of the rights and interests of interested parties.Commitment system is of positive significance to regulate illegal monopoly and eliminate the harm of monopoly to market competition.After the introduction of the commitment system in the Anti-monopoly Law of 2008,in the next 10 years,we have changed from the theoretical construction of the commitment system to the practical application of the commitment system,which fully demonstrates the importance of the commitment system.However,because the main body of the commitment system is the operator and law enforcement agency suspected of monopoly,the interested parties,as the potential subjects affected by the commitment system,are often not paid attention to.Their rights and interests will suffer varying degrees of loss as a result of the application of the commitment system,and they will not receive timely relief after the loss;in addition,law enforcement agencies will pay more attention to the value of efficiency in the process of deciding on the application of the commitment system.Therefore,it is necessary to pay attention to the rights and interests of interested parties.Based on the current situation of the application of the commitment system in our country,this paper starts with the basic theory,excavates the problem that the rights and interests of the interested parties may be lost in the operation of the commitment system,and explores feasible countermeasures to protect the rights and interests of the interested parties through empirical and comparative analysis.The most important part of this paper is to combine the newly issued normative documents,analyze the breakthrough regulations on the protection of the rights and interests of interested parties,as well as the existing problems,and put forward suggestions for improvement after the introduction of a series of regulations and guidelines.In addition to the introduction and conclusion,the text consists of four parts:The first part mainly summarizes the commitment system and the relevant contents of interested parties.This paper introduces the commitment system and clearly defines the interested parties in the commitment system.It is found that the application of commitment system brings a series of positive effects to anti-monopoly law enforcement,but also damages the rights and interests of interested parties.The second part summarizes and describes the status quo of the rights and interests protection of interested parties in the commitment system from the two dimensions of legislation and law enforcement.Through combing the relevant normative documents,combining with the analysis of law enforcement data and typical cases,it is concluded that there are still some problems in the protection of interested parties,such as imperfect legislation,insufficient information disclosure,lack of participation of interested parties,imperfect supervision system,and difficulties for interested parties to obtain relief.The third part,mainly through the impact of China’s commitment system of the United States and the European Union to investigate the relevant situation.This paper introduces the consent order and consent decision of the United States,the commitment decision of the European Union,and gives some enlightenment to the protection of the legitimate rights and interests of the interested parties in our country:we should pay attention to the protection of the participation of the interested parties in the procedure and the supervision of the applicable commitment system.The fourth part,in view of the problems summarized above,puts forward measures to protect the rights and interests of interested parties by perfecting legislation and open mechanism,protecting the right of participation of interested parties,perfecting supervision mechanism and remedy way.