Comparative Study On Concentration Between Undertakings Remedies In U.S., EU And China

Merger is called concentration between undertakings In our antitrust law. As an important way for enterprises to grow today, merger is helpful for generating economies of scale. However, particular merger may also eliminate or restrict competition. In order to achieve economies of scale brought by the merger while maintaining competition in the relevant market, remedies came into being.U.S. and EU has formed a mature merger remedies system in the long term evolution of legislation and enforcement practice.Concentration between undertakings approval with additional restrictive conditions is also affirmed in Antitrust law in China which is enacted in2008.Remedies in China has made great progress through legislation and law enforcement development of six years. But there are still many problems. The author attempts to directly compare the U.S.,EU and China remedies system to find inadequacies of our country and put forward proposals to improve.The first part is an introduction, the sixth part is the conclusion, and the rest are:The second part presents a framework in U.S.,EU,and China through describing overview of the evolution of legislation and law enforcement in U.S.,EU and China.The third part cites basic types of merger remedies in U.S.,EU and China.The author introduces the structural and behavioral remedies this fundamental division and learns advanced approach of U.S.and EU by comparative study such as how to select divestiture assets, identify qualified buyers and ensure the implementation of behavioral remedies.The fourth part summarizes considerations in choice of different types of remedies in U.S.and EU, examines the status of selecting different types restrictive conditions in China, proposes to build the standard about choice of restrictive conditions.The fifth part compares the applicable procedures of merger remedies in U.S.and EU, Completes discovery of defects in the procedures applicable in China, puts forward suggestion in starting of program, and proposing,consulting,ruling, implementation and monitoring of additional restrictive conditions.