Study On The Legal System Divestiture Business Concentration

Concentration of undertakings is one of the core content of the Antitrust Laws aroundthe world. During the review process, antitrust authorities would take appropriate remedialmeasures towards concentration of undertakings which have an anti-competitive effect.Divestiture remedy is one of the most important remedies. This article aims at providingreference and guidance to improve our legislation and enforcement of divestiture remedysystem. Based on the objective, this article follows the rule "find the questions-analysis ofthe problems-solve the problems", analyze our existing divestiture remedy system, putforward a sound proposal towards the existing problems in stripping the object, purchaserchoose and trustee oversight mechanisms. In addition, this paper proposes the idea andconcept of the design and how to write the guidance document to fill the gap of thesituation that we are lack of official regulatory guidance documents.The research methods of this article are paper research, case study and comparativestudy. After summary our existing laws and translates foreign antitrust authorities’enactments and guidance documents published, this article analysis and combinesdivestiture remedy antitrust law system both in China and foreign countries. Then articlemainly compared and draw the United States and the European Union national legislationand enforcement of mature experience. Case study focuses on the approved cases since theimplementation of China’s “anti-monopoly law ", the analysis and reflection on the caseswill help us to further improve the existing divestiture remedy system.