Antitrust Enforcement Reconciliation System

Anti-monopoly law enforcement reconciliation system is a crucial and complicated issue in the study of the anti-monopoly law.This paper analyses the problem.The first part of this paper is to limit the study objece to reconciliation system antitrust enforcement in the context of anti-monopoly law enforcement and analyse the reasons of the system-the impact of contract theory and the theory of the development of administrative law.Then it is proved that the reconciliation system is reasonable from there aspect:the development trend of the anti-monopoly law' modernization,legislative intent of the reconciliation,and overcoming the uncertainty of the anti-monopoly law.The second part of this paper is to study the problems resulted from Anti-monopoly law enforcement reconciliation system,including reconciliation process is not open;triggering fair problem between the operators;serving as power tools of anti-monopoly law enforcement agencies;triggering conflict of the implementation of the public and Private and so on.In author's opinion these problems will not come to a conclusion that fundamental negation of the anti-monopoly law enforcement reconciliation,but raising three issues that should be resolved urgently,namely,how the anti-monopoly law enforcement agencies to conduct supervision and how to make reconciliation system the application of more certainty,how to provide the interested with remedy. These issues constitute a basis for discussion by the full text,the third part of the article is also working hard to resolve the issues.Partâ…¢closely focus on the issues raised by the second part.This part discusses the following issues:the applicable conditions,scope and effect of anti-monopoly law enforcement reconciliation,establishment of protection mechanisms for the interests and oversight mechanisms for the anti-monopoly law enforcement agencies - construction of the implementation of public-private coordination procedures in response to the three issues raised in the second part. On the base of the discussions above,enforcement reconciliation of the China's "Anti-monopoly Law" will be analyzed in the fourth part of the paperin and put forward sound proposals.Partâ…¤,To sum up the paper and the main conclusions are made..