Concentration Of Business Operators Additional Restrictive Conditions In The Review Study

From the perspective of anti-trust law, the concentration of undertakings have two different affects, it brings up the Economic efficiency of scale and also cause damage to the market order. It is a difficult solving puzzle when the anti-trust law in front of the two affects undertaking concentration. In the controlling system of undertaking concentration, in order to ensure the concentration wouldn't produce harmful effects to competition, the anti-trust authorities often add some restrictions in making an agreement to the concentration. The restrictions play an important role in solving the puzzle. It can eliminate the conflicts of the anti-trust law's protecting competition and protecting economic efficiency. Through adding series structural and behavioral restrictions, antitrust authority can eliminate the harmful effects of undertakings concentration. At the same time, the undertakings can protect concentration economic efficiency by using the restrictions. The special role of the restrictions in the anti-trust law also determines its own features. It is a remedial rather than punitive measures, its object is guarding against anti-competitive effects arising from the concentration, rather than regulate the undertaking's conducts of eliminating or restricting competition by using advantage position caused by concentration. Adding restrictive conditions has its own advantages, but in practice it also be affected by many factors, such as their own Advantages and disadvantages, the type of concentration,the extent of the damage to competition and the cost of conducting the restrictions. The various factors determined the system of restriction is not perfect, it has its scope of application, it can not be a remedy to all undertaking concentrations.