第四部分,对反垄断执法和解制度进行了构建。
In the fourth part, I will present my ideas on the construction of conciliation system.
我国反垄断执法机构设置存在多头执法、职责重叠等问题。
There exist some problems in the form of anti-monopoly executive organizations in our country such as poly-execution, duty overlapped, etc.
如何有效地发现企业合谋的证据,成为反垄断执法政策的重点。
How to find the evidence of corporate agreement effectively has become the focus of antitrust enforcement policies.
反垄断法的实施机制一般分为反垄断执法机制与反垄断司法机制两部分。
The implementation of anti-trust mechanisms are generally divided into anti-monopoly law enforcement mechanism and anti-monopoly judicial mechanism.
反垄断执法机构决定中止调查的,应当对经营者履行承诺的情况进行监督。
Where the authority for enforcement of the Anti-monopoly Law decides to suspend investigation, it shall oversee the fulfillment of the commitments made by the undertaking.
因此,确有必要结合本国今后反垄断执法的实际经验,逐步完善宽恕制度。
So, it is necessary to learn from the experience of anti-monopoly execution in future and perfect the leniency program.
采取前款规定的措施,应当向反垄断执法机构主要负责人书面报告,并经批准。
Taking the measures stipulated above, shall be reported in written form to the chef person in charge of the antimonopoly execution authorities, and be approved.
保障宽恕制度有效运行的外部环境包括:严厉的法律制裁,高效、诚信的反垄断执法。
Ensure the effective operation of the system of forgiveness external environment include: severe legal penalties, efficiency, integrity of antitrust enforcement.
由于卡特尔的隐蔽性,使得反垄断执法机构及时发现和高效查处卡特尔变得十分困难。
As the cartel's hidden, making anti-monopoly law enforcement agencies to detect and efficiently investigate cartels very difficult.
显然,这样的规定太过于简单、模糊,在实践中缺乏可操作性,不利于我国反垄断执法。
Obviously, such stipulation in is extremely simple, is fuzzy, in reality lacks the feasibility, does not favor our country counter-monopoly law enforcement.
我国理论界对反垄断执法机制的研究日趋完善,而对反垄断司法机制的研究却长期被忽视。
China anti-monopoly theorists on the study of enforcement mechanisms are maturing, but study of anti-monopoly judicial mechanism has long been ignored.
反垄断法本身不能创造一个公正、自由的竞争环境,而必须借助一个有效的反垄断执法机构。
Fair and freedom competitive environment can not only rely on anti-monopoly law, but mostly depend on an efficient anti-monopoly law enforcement authority.
宽恕制度是反垄断执法的有效工具,它在打击垄断协议以及提高执法效率方面具有重要作用。
Leniency program is an effective tool in anti-monopoly execution which can play an important role in cracking monopoly agreements and promoting the efficiency of anti-monopoly execution.
此外,我国目前对联合行为处罚较轻、反垄断执法权分散的法律环境,也不利于宽免政策的实施。
So, in order to perfect our anti-monopoly law's leniency program systerm, the paper points out that we should embody the provision in respects of the subject, condition and extent.
新的美国联邦贸易委员会(Federal Trade Commission)也展开了自己的调查,该委员会承诺将比前任进行更为凌厉的反垄断执法。
The new Federal Trade Commission, which has promised a more aggressive approach to antitrust enforcement than its predecessor, has also begun an investigation of its own.
我国反垄断行政执法机关应与反不正当竞争执法机关分开设二,同时并存;
The enforcement organizations of the Anti-monopoly Law and the Anti-unfair Competition Law should exist simultaneously.
对未经反垄断行政执法程序认定的涉嫌垄断的行为提起反垄断民事诉讼,法院原则上应予受理。
If an action is brought against behavior suspected of monopoly which is not yet confirmed by the administrative procedure, the court should accept the case in principle.
对未经反垄断行政执法程序认定的涉嫌垄断的行为提起反垄断民事诉讼,法院原则上应予受理。
If an action is brought against behavior suspected of monopoly which is not yet confirmed by the administrative procedure, the court should accept the case in principle.
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