Research On Commitment Decision Fulfillment In The Implementation Of Anti-monopoly Law

China’s Anti-Monopoly Law stipulated Commitment Decision,that is,anti-monopoly settlement.In the practice of antitrust enforcement,there are fewer cases in which the Commitment Decision is used to enforce the law.The reason for this is the poor performance of the commitment.That is,the operator commitment performance system is flawed.The specific defects of China’s undertakings to fulfill include: inappropriate distinction between behavioral and structural measures,incomplete standards of undertakings to fulfill,imperfect supervision mechanism for performance,single way of undertaking responsibilities for improper performance and lack of protection of stakeholders’ interests.There are many reasons for the defects of Commitment Decision fulfillment system,it can be analyzed theoretically and practically.On the one hand,the concept of administrative contract has not been put into place in the system construction.The administrative contract refers to the operation of administrative power in the form of private rights.Its advantage lies in solving the problem of administrative power by means of contract,specifically including improving the performance efficiency and enhancing the performance effect.At present,there are two problems in the application of the administrative contract theory to the performance system of undertakings: one is that the excessive emphasis on administrative power leads to the performance of undertakings slipping to the execution of traditional administrative law enforcement orders,which in turn leads to the improper performance of undertakings and the single way of undertaking responsibilities;Second,there are natural defects in the administrative power discretion under the background of administrative contract,including the loss of interests of interested parties and the lack of information disclosure in the process of performance.On the other hand,China has little experience in enforcing the law in Commitment Decision,referring to the similar regulations in the United States,the European Union and Chinese Hong Kong,and analyzing the specific measures of the Microsoft Settlement in detail,to learn from and absorb useful experience.In order to improve the development of China’s Commitment Decision fulfillment system,we can start from the perspective of administrative contract: The first is to strengthen the contractual nature of the operators’ promises,which mainly includes enhancing the operators’ autonomy in performance,standardizing the change system of performance measures,and enhancing the contractual nature of the operators’ responsibilities for not properly fulfilling the promises;Second,strengthen the power restriction of anti-monopoly law enforcement agencies,including improving the performance of measures selection,performance effect evaluation and dispelling doubts,supervision and performance of duties,and strengthening the rights relief for operators;Third,strengthen the power restriction of anti-monopoly law enforcement agencies,including improving the performance of measures selection,performance effect evaluation and dispelling doubts,supervision and performance of duties,and strengthening the rights relief for operators.