Research On Divestiture Of Antitrustlaw

In order to improve competitiveness in the market,the market competitors expand the scale of enterprises and achieve scale Economic benefits by undertakings concentration,but big undertakings concentration will form a dominant market position which may hinder competition in the market and cause the public competition concerns,because of the effects of eliminating or limiting competition caused by it.To protect the market competition and consumers’benefits,antitrust law commonly controls the concentration that would affect the market competition. because of the two-sides of undertakings concentration, the purpose of controlling under antitrust law is not simply veto down it, but is seeking to prevent and remove the effects of eliminating or limiting competition caused by it. In the United States and the European Union, The Law enforcement agencies author consider creating a mechanism called Divestiture, whereby they can fulfill the merger as well as clear the competition concerns. AS one of the antimonopoly control measures, divestiture has been introduced to china.In this paper, author studies the U.S. A’s and EU’s divestiture legislation and law enforcement system, discusses the basic theory of divestiture including substantive norms and procedural norms and analyzes the factors that affect the implementation of the system and the related Institutional arrangements. According to the actual situation in our country, author points out that the lack of relevant legislation and the implementation by comparing the successful experience of the United States and the European Union, finally author puts forward the plight of existing counter measures.As a balancing mechanism of interests, The creative value of divestiture is that it can effectively protect the market competition, eliminate anti-competitive concerns, meet the needs of enterprise development. And ultimately win multi-stakeholder coordination.Of course, in practice, divestiture has also been criticized:First, critics argue that the market structure is not the only basis for market efficiency; the second, it is difficult for anti-monopoly law enforcement agencies to balance competing policy objectives and political objectives; third, the process of divestiture may cause a violation of economic rights of market players. In order to response to these criticisms, the article put forward that the function of divestiture is to achieve industrial policy objectives and competition policy objectives in the same time. Divestiture program construction system is based on "discourse theory", the implementation procedures embodied participation, openness and neutrality. The Conclusion is that divestiture is an effective control measure in undertaking concentration.The paper further pointed out that many factors affect the operation of divestiture. Article analyzed the impact of these specific factors and how to overcome the adverse effects. Compared with the United States and the European Union, divestiture in china is not perfect in legislation, and is lack of law enforcement experience ,also we must consider the reality of our country.