Non Lateral Focused Behavioral Remedies System

Since the implement of the anti-monopoly law, the number of cases involvingnon-horizontal mergers is on the increase. Relative to the horizontal mergers,non-horizontal mergers concentrated anti-competitive effect has its obviouscharacteristics, main performance on the blocking effect. So the horizontal mergers hadto tend to have behavioral remedies to avoid anti-competitive effects. However theregulation of our country at present for behavioral remedies system are very limited, inthe case of a horizontal mergers’ behavioral benefits how to apply and implement thestandardization of the lack of a clear guidance and also operational rules, and improvingregulatory measures. This will seriously restrict our country anti-monopoly lawenforcement quality, so this article from the horizontal mergers’ behavioral remediesAngle, refer to the related regulations and actual enforcement cases at home and abroad,through the analysis of theory and practice, behavioral remedies are discussed in detailin the non-horizontal mergers case applicable necessity, behavioral remedies applicabledefects, behavioral remedies applicable in a non-horizontal mergers cases in China, andput forward the perfect Suggestions in such system in our country. Aims to make thenon-horizontal mergers behavioral remedies system goes well in our country. Hope canhelp to the improvement of the system of concentration. This paper structure is mainlydivided into the following three parts:The first part, interpreted the concept of non-horizontal mergers, elaborated thefour types of non-horizontal mergers. Then analyzes how non-horizontal mergersimpact on market competition, especially on the anti-competitive effects of the market,mainly from two aspects of the coordination effect and non-coordination effect tomeasure respectively. Non-horizontal focused on the coordination effect is mainlyblockade effect, is refers to the concentration caused the reality or potential competitorsover access to raw materials or enter the relevant market obstacles, not normal to obtainraw materials or smoothly into the relevant market. The coordination effect isconcentrated in the concentrated not participated in collusion with each other before,and after completion of the concentration change previous behavior, collusion,participate in the coordination, damage the normal competition effect. Competition authority it is necessary to take corresponding measures to deal with the horizontalconcentrated there may be adverse to the competition in the market.The second part, analyses the behavioral remedies system, summarizes thebehavioral characteristic of the relief system and behavioral remedies system applicableprinciples and conditions, apply principle of proportionality principle, efficiencyprinciple, transparency principle. Behavioral remedies applicable to meet focused toachieve the declaration standards set by the anti-monopoly law, concentration may leadto anti-competitive effect, apply behavioral remedies to avoid anti-competitive effecthas the possibility of three conditions. Lists the behavioral remedies some of the majormeasures, terms like firewall, fair trade terms, terms of transparency, etc. Elaborated thenon horizontal concentrated in behavioral remedies system, and the longer time ofperformance of large, easy to evade, regulatory costs, etc.The third part, analyzes in China at present, where applicable, a non-horizontalmergers behavioral remedies system in terms of the status quo, and analyzes the currentalong with all the law enforcement practice of several typical cases. And then putforward its own perfect Suggestions, mainly including further perfecting the system ofbehavioral remedies legislation and guidance, to establish comprehensive supervisionsystem, clear behavior relief review system, establish behavior relief arbitrationmechanism, set up always the case with visit system, etc.