The Study Of Failing Firm Defense System In The Anti-monopoly Review On Concentration Of Undertakings

The Failing Firm Defense, a vital defense in the Anti-Monopoly Review onConcentration of Undertakings, was originated from American International Shoe Co. vFTC in1930. It is of great practical significance in protecting public interests and effectivecompetition. The Failing Firm Defense had been widely recognized throughout the world.In the US and EU, it has even been legislated and broadly implemented. There isn t such alaw made in China so far, but the Anti-monopoly Law of the People’s Republic of Chinaplays an equal role, making the formulation of the law possible. There is an urgent need tolearn from the US and EU, to remove the dross while keeping the essence, in order toestablish Chinese Failing Firm Defense which conforms to the national conditions.