经营者承诺制度分析-analysis of operator commitment system.docxVIP

AbstractThe antitrust enforcement system aims to increase the effectiveness on the implementation of anti-monopoly law, prevent and stop illegal monopolistic practices, protect rights and interests of the damaged parties, protect and promote the free competition of market. Affected by economic globalization, the monopolistic behavior becomes more complex and hidden, greatly increasing the difficulty of antitrust enforcement. Traditional enforcement is difficult to sanction against monopolistic behaviors quickly and effectively, to achieve the goal of antitrust enforcement. However, commitment system with unique function and value, gradually into the field of antitrust enforcement, and become an important way of antitrust enforcement. The commitment system is different from the way of traditional antitrust enforcement, which is an equal, consultable, multi-juridical way. In the commitment system, competition authority and operators can solve monopoly through consultations and reach a settlement. Meanwhile, competition authority doesn’t have to make a decision between legality and infringement about the investigated operators. The undertaking of enforcement can save resources, improve the efficiency of antitrust enforcement greatly, solve the difficult problems of gathering evidences. But, to a certain extent commitment system which has the nature of settlement, can sacrifice other value of the antitrust law. Therefore, how to overcome the lack of commitment system, and exert its superiority, and finally achieve the purpose of antitrust enforcement has became the problem that we must to solve.With this problem in mind, this thesis begins with the conception and characteristics of commitment system, dissects the reasons for production, essence, advantages and problems of it. And then combs the legal provisions and operational situation of our commitment system respectively. Finally, this thesis analyzes the deficiencies of commitment system in the process of operation.