The Economic Analysis And Suggestions For Improvement Of Commitment System Of Business Dealer

Commitment system of business dealer, which is also named as reconciliation system, is universally used in the practice of anti-monopoly law enforcement. It is a kind of resolution to settle the claim that pays much attention to reach a commitment agreement between anti-monopoly law enforcement agencies and monopoly enterprises under suspicion through consultation, negotiation and reconciliation to end the anti-monopoly investigation procedures. Besides the traditional legal research method, this paper has made a completely new analysis to the commitment system of business dealer in the perspective of economy. Both the law enforcement agency of anti-monopoly and the monopoly enterprises under suspicion are rational-economic man, they pursue the maximization of their own profits at the lowest cost, but at the same time, it may probably hurt the interests of the public and the third party, so it goes to the contrary of the legislation value of anti-monopoly law which aims at defending public interests. Meanwhile, in order to avoid the abuse and make advantage of the commitment system of business dealer, we have to develop a further relatively reasonable regulation of the business dealer commitment system both in circumstances and limitation of application, additionally, it is also necessary to establish not only a certain maintenance mechanism for the interests of both the public and the third party but also a mechanism to control moral risk, only in this way, we could make probable use of the business dealer commitment system so that the importance of anti-monopoly is precisely expected to conform to the purpose of antitrust legislation .