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The Research on Anti-monopoly Enforcement Reconciliation System
Author: NieYunLong
Tutor: HeLianHong
School: Hunan Normal University
Course: Economic Law
Keywords: Antitrust enforcement reconciliation Law enforcement agencies Operators A deed of settlement
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 47
Quote: 1
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Abstract
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The antitrust enforcement reconciliation in the course of the investigation of the anti-monopoly cases , law enforcement agencies as soon as possible to stop the the suspected monopolistic behavior and to eliminate the adverse impact of the behavior and the operators of negotiation, the two sides reached a settlement on the dispute , decided to operators voluntarily as or omissions in lieu of a formal administrative processing , and thus the end of the case one way of law enforcement . Learn from the advanced experience of other countries and regions on the basis of China's \This is the first time that China clearly in administrative law enforcement reconciliation is far from perfect , but China 's anti- monopoly law enforcement reconciliation system . In this regard, we should proceed from the following aspects to improve the system : first, the scope of the settlement system of antitrust enforcement must be framed , the applicable conditions must be clear , also need to clarify the content and effect of the settlement agreement state . Second , to regulate the operation of the antitrust enforcement reconciliation procedures to ensure the smooth progress of the reconciliation . The antitrust enforcement reconciliation can be roughly divided into the following phases : application start-up phase of reconciliation ; negotiation phase of the law enforcement agencies and operators ; the reconciliation contract fulfillment stage ; terminate the investigation or recovery stage of investigation ; publicity of the relevant records in the reconciliation process stage. Third , the behavior of the anti - monopoly law enforcement agencies and operators must have appropriate supervision to prevent reconciliation wrongdoing legitimacy . In addition , we also need to build a diversified relief mechanism , given the anti - monopoly law enforcement agencies , operators and interested parties should relief .
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