Research On My Country's Anti-monopoly Suspension Investigation System

The antitrust suspension investigation system originated in the United States and has been widely applied in the antitrust enforcement practices of developed countries and regions such as the European Union and Japan.In the field of China's antitrust law,the antitrust suspension investigation system is an important antitrust enforcement system It is also an important system to promote the construction of the socialist rule of law,which is of critical significance for giving play to the main role of the market and maintaining market competition order.During the antitrust investigation conducted by the antitrust enforcement agencies,the application of the suspension of the investigation system can effectively save law enforcement costs and improve the efficiency of antitrust enforcement,thereby restoring market competition order as soon as possible.Since the "Anti-Monopoly Law of the People's Republic of China" was promulgated and implemented in 2008,China's antitrust suspension investigation system has made progress in law enforcement practice in the past decade,but at present,China has simple and abstract regulations on the antitrust suspension investigation system in the legislative field.Change,the application of the suspension of the investigation system in China is not high,and at the same time it lacks protection of public interests and stakeholders.Based on empirical analysis,I try to analyze China 's antitrust suspension investigation system by referring to the law enforcement announcements and documents issued by antitrust enforcement agencies based on all the cases of“applications for suspension of investigation” published by the antitrust enforcement agencies in their law enforcement practices.At the same time,by comparing the current provisions of China 's antitrust suspension investigation system,it attempts to analyze the procedural design and legislative deficiencies of China 's antitrust suspension investigation system.In addition,I intend to use a comparative analysis method to address the problems in China 's antitrust suspension investigation system,and combine the market operating environment of China with reasonable reference to the US “consent judgment” system,“consent order” system,and EU 's “operator commitment decision” The practical experience of the system tries to make suggestions for improving China's antitrust suspension investigation system,with a view to taking advantage of the system.This article is to be written from three chapters: The first chapter discusses the current situation and existing problems of China 's antitrust suspension investigation system.The problems of protection and supervision are not in place;Chapter 2 analyzes the reasons for the problems in China 's antitrust suspension investigation system;Chapter III discusses the perfect path of China 's antitrust suspension investigation system.The first chapter discusses the problems existing in China's antitrust suspension investigation system,and puts forward specific suggestions.