Anti-monopoly Law: Merger Remedies

Merger remedies are the terms attached to the decision approving the notified merger, and they are important means to regulate mergers in antitrust law. At present, the system of merger remedies has already been established in Europe and America, and it's widely researched by the western scholars. Antitrust law has come into force in China for only a few months. Both of our legislation and experiences about merger remedies are not as well as that in Europe and America. Merger remedies are researched in this thesis, and suggestions about the application of merger remedies in China are put forward. The framework of the main part of this thesis is arranged as follows:Part one is about the content of merger remedies. The first section is about the case of Inbev acquiring Anheuser-Busch. The second section introduces the concept of merger remedies. The third section is the classification of merger remedies, and the last section is the content of each classification.Part two is about the advantages and disadvantages of the merger remedies system. Section 1 analyses the value of applying merger remedies properly, including the ability to achieving efficiency and effective competition, the chances for the enterprises to foresee the consequences of their notifying behaviors, and the improvement of industrial structures. Section 2 shows the problems accompanying the use of structural and non-structural remedies, and how competition authority influences the effect. Section 3 gives a comprehensive evaluation of the merger remedies system.Part three is about the experiences of merger remedies application in Europe and America. Section 1 shows how they choose the type of merger remedies in certain cases, and the reasons of their choices. Section 2 and 3 are about the experiences of structural and non-structural remedies, and how they avoid the possible risks. Section 4 talks about the things we must pay attention to before we transplant the western system, in order to make the merger remedies system function properly in China. Part four analyses the application of merger remedies in China. First, I describe the legislation of merger remedies in China, and explain the importance of issuing a guideline on merger remedies. Then I summarize the matters that must be included in the future guideline, and give out the final conclusion of this thesis.