Continuation of the Standardization of Antitrust Enforcement Interviews—Comments on Article 55 of the Antitrust Law
Prior to the law revision,formal and effective normative documents related to antitrust did not include provisions for enforcement interviews;however,in practice,it has been utilized as a flexible method of law enforcement to varying degrees.Analysis of enforcement practices reveals that there are diverse patterns observed in antitrust field regarding interview methods,indicating a trend towards generalization and continuity.The new Article 55 of the Antitrust Law and its accompanying regulations have established a fundamental framework for the enforcement interview system.While it can partially standardize the practice of enforcement interviews,it lacks comprehensive mechanisms and foresight to address practical issues such as broad initiation conditions,uncertain legal consequences,and corrective or punitive measures resulting from interviews.To achieve standardization in antitrust enforcement interviews,we should adhere to moderation in antitrust enforcement,abide by basic principles of due process,and coordinate with other law enforcement measures while enhancing proactive engagement and responsiveness in antitrust actions.Once these directions are clarified,standardization can be achieved through improvements in initiation mechanisms,process control measures,and post-event safeguards.
antitrust law enforcementlaw enforcement interviewsthe modesty of antitrustdue processflexible enforcement
万方数据
