经营者承诺制度的完善

Improvement of Operator Commitment System

我国经营者承诺制度是通过学习欧盟竞争法借鉴而来,相关立法规定在我国《反垄断法》“第四十五条”。但因相关概念的规定过于模糊,存在相关概念界定模糊、适用范围不明确、启动方式单一等问题,使得在实际案例的运用中出现较多障碍。为了增强经营者承诺制度的实操性,应当在借鉴欧盟先进经验的基础之上结合我国实际情况,通过明晰相关概念、缩小适用范围等方式来完善经营者承诺制度。

The operator commitment system in China is introduced from the European Union competition law,and the relevant law-making stipulations are included in Article 45 of China′s Anti-monopoly Law.However,due to too vague stipulations of relevant concepts,there still exist some problems,such as too large scope of application,single starting mode and indefinite scope of application,which lead to many application obstacles in the actual cases.In order to enhance the operational practicability of the operator commitment system,it is proposed to improve the the operator commitment system by clarifying relevant concepts and narrowing the scope of application on the basis of learning from the advanced European Union and taking into account the actual situation in China.