A Study Of Behavioural Remedy System Under Undertakings’ Concentration Control

Merger control system is one of the most important parts of anti-monopoly law.Because of the two-sides of undertakings concentration, neither the total prohibitionnor laissez-faire blindly to corporate merger can protect the free competition order inthe market very well. The remedy of undertakings concentration not only can meet theundertakings concentration’ demand but also can preserve the effective marketcompetition. So it is welcome to enterprise and competition authorities.There are two major types of merger remedies： structural remedies andbehavioural remedies. The major measures of behavioural remedy include firewallprovisions; fair dealing provision; transparency provision and so on. There are threeconditions for behavioural remedy: merger meets the standards of antitrust review: themerger will bring competition issues and the competition issues can be prevented bybehavioural remedies.The application of structural remedies is preferred in practice. However, there arealso certain cases in which the structural remedies cannot be used. It is needed to usebehavioural remedies. In fact, we can find that the application of behaviouralremedies is preferred in China by observing the related cases. This is possibly becauseChina is still in the early stages of the implementation of the anti-monopoly law, theapplication of behavioural remedies is conducive to reducing the conflict between law-enforcing institution and the parties, which also helps to reduce economicfluctuation. At the same time, by taking the merger case between Ticketmaster andLive Nation as the examples, newest tendency of American’ merger remedies areintroduced in this paper.The remedy of undertakings concentration has been built in America, Europe andso on. In contrast, China just begins to study the merger remedies. With thepromulgation of relevant legal documents, our system of merger remedies is alsomaturing. But, at present, behavioural remedial systems is still missing. So we need touse the experience of other countries for reference to improve conduct remediessystem in our country in order to provide useful guidance for the merger remedies inour country.