论文部分内容阅读
申报前商谈是经济领域自发生成的非正式、非法定、无法律约束力的程序性制度,广泛运用于经营者集中反垄断审查的实践,事实上已成为经营者集中反垄断审查体系的第一个阶段,具有促进执法机构与申报人合作互惠、提高反垄断审查效率与透明度、增进反垄断审查可预测性的制度价值;申报前商谈将实体性规则与程序性规则融为一体,具有自足性,而其带有的公开性缺失、法律性质与信赖保护、观点锁定等局限,也需要不断完善。
Pre-declaration negotiations are spontaneous informal, non-statutory and non-legally binding procedural systems in the economic field. They are widely used in the practice of concentration of antitrust review by operators and have in fact become the first place where operators focus their antitrust review system This stage has the institutional value of promoting reciprocal cooperation between law enforcement agencies and declarators, enhancing the efficiency and transparency of antitrust audits and enhancing the predictability of antitrust scrutiny. Before the declaration, the substantive rules and procedural rules were integrated and self-contained , But with the lack of openness, the nature of the law and trust protection, lock point of view and other limitations, but also need continuous improvement.