Research On Remedy Of Undertakings Concentration

The artical of the twenty-ninth of the anti-monopoly law of the People’s Republic of China rules that:"the concentration of business operators shall not be prohibited, the anti monopoly law enforcement authority may decide to attach restrictive conditions for reducing the adverse effects of concentration on competition."As economic exchanges between the countries more closely, the operator of mergers, acquisitions and other means to become more competitive and concentration gradually become one of the main trend of the world. But concentration in promoting economy of scale, resource integration, optimize the industrial structure has advantages, such as faults are necessarily exist, such as easy enterprise monopoly, limit commodity competition which ultimately harms the benefit of consumers, etc. Attach restrictive conditions and the approval of concentration is a very effective way of compromise, to some extent at the same time, more help to promote the development of merger maintenance competition order of the society as a whole. According to the different conditions of different enterprises, the solutions for each case and through standard must be different.Through most of the data reading and analysis of many this paper mainly studies the case of 2013 and more belongs to the theoretical study, this for the development of this area in the past two years have to say it’s kind of important to ignore. From the development of anti-monopoly law, these two years is really belongs to the stage of rapid development, the development of various economic situation with the progress of science and technology, people thought the rapid found, but the papers and works actually decreased by case are few scholars to study, not the correct theoretical guidance and heated discussion makes it easy to lose their target. This article describes foreign attachment to restrictive conditions of some typical situation and focus on details of our country since 2008, the anti-monopoly law of the People’s Republic of China promulgated by attach restrictive conditions after concentration of 21 comparative study of all aspects of successful cases, in order to achieve the previous practice summarized certain legal Suggestions in the hope of the future legal will be improved.In addition to the introduction and conclusion part, this paper will be divided into the following three parts.The first part is mainly the operators for the additionalrestrictive conditions for concentrated on the analytictheory. Through the concept, additional restrictive conditions on the role, characteristics, classification and other aspects, to understand the strengths and weaknesses of additional restrictive conditions from a macro point of view.The second part to attach restrictive conditions to our judicial practice andlegislative status, comparative analysis, through 3 lists of 21 cases and 4 specific cases can exhibit characteristic, the present situation in our country mainly studythe concentration of business operators additional restrictive conditions. Finally,aiming at the comparison on three aspects of the overall case summary in recent years as the Ministry of Commerce of China to adopt kinds of restriction conditionsand they are currently in such cases attitude and tendency.The third part is the theory and practice of business operator concentration restrictions through analysis of the two part discussed before, in order to put forward theimplementation of restrictions on China’s proposals.