Research On The Concentration Of Business Operators Remedies

Concentration of business operators is the best way to help advancing economic concentration and bringing about the economy of scale. As a result of competition, concentration of business operators will certainly become a double-edged swords, it may produce monopoly and hinder competition. In recent years, laws and regulations which are used to regulate the concentration of business operators are successively have came out in our country. But comparing to the detailed legislation and rich experience in foreign countries, our relevant regulations are not perfect and there is a lack of the practical experience of enforcing the laws. This thesis is written from a practical point of view to strive to study and draw references from the relevant legislation and practical experience of enforcing the laws of other countries, and make an exhaustive study about our system , bring up the ideas and suggestions which can improve and perfect our system of concentration of business operators remedies.The framework of this thesis with the exception of the introduction and concluding remarks is divided into four parts:Part one is about the general theory about concentration of business operators remedies. From an angle of summary of concentration of business operators, this part of the thesis introduces the meaning and content of concentration of business operators remedies. This thesis is mainly divided into two parts: structural remedies and behavioral remedies, and the introduction below is based on this. It illustrates the definition, manifestations and value of concentration of business operators remedies. The important value of concentration of business operators remedies is that it reasonably coordinates effective competition of market and development of business operators, maintain an expected order in the market. Through a flexible and reasonable legal system, it can avoid the occurrence of malignant result of concentration.Part two is about the theoretical basis of concentration of business operators remedies. This part analyses the theoretical basis of concentration of business operators remedies, including the foundation of law and economy. And it implies the relations of value whose connotation is considered and explored, which can enrich the intention of concentration of business operators remedies. The design of concentration of business operators remedies reflects the value and spirit of economic law, fully guarantee the belief of free, fair and order.At the same time the interests of society is considered as a guideline. Reconciling the competition policy and industry policy is the foundation of the design of remedies.Part three is about the experiences of concentration of business operators remedies in the other countries. After taking a look at the developed countries, this thesis introduces the legislation, experience of enforcing the law of concentration of business operators remedies, and focuses on beneficial experience which can be used for our relevant institution and some issues which should be paid attention to.Part four is about the proposal on how to improve the concentration of business operators remedies. This part analyses the applicability of concentration of undertakings remedies in our country. It points out the importance of this institution through our reality and formulate the concept of how to improving concentration of business operators remedies. In the end we can reach the conclusion.