Study On Legal Issues Of Structural Remedies In Anti-monopoly Review

Under the circumstances of economic globalization and the increasingly heating competition, concentration has sprung up concentrated and vigorously. To the concentration cases which achieve statutory declaration standard, the anti-monopoly enforcement authority of various countries and regions in the world almost unconditional approval them, and try to reduce the directly forbidden cases so as to meet the reasonable requirements of enterprise for scale effect and to enhance the market competitiveness of domestic enterprises. Structural remedies of anti-monopoly review is the middle mechanism which produces in order to give attention to both positive effect and negative effect of concentration. It changed the hard intervention model of binary choice (prohibited or agree). Since the institution produced, it was widely recognized by worldwide anti-monopoly law enforcement authority and law educational world.China also issued relevant documents step by step to confirm this institution, and repeatedly applied to practical cases. This thesis starts from the basic concept and content, focus on study on of the subject and the object of the legal issues to reflect and improve China’ structural remedies of anti-monopoly review.In addition to the preface and epilogue, this thesis is divided into four parts:The first part is the Introduction on Structural Remedies of Anti-monopoly Review. Starting from the concept and content of structural remedies of anti-monopoly Review, the author points out its multifunction and analysis its theoretical basis.The second part is the Legal Issues of Subject on Structural Remedies of Anti-monopoly Review. This part first point out that selection of the two main bodies, third-party purchaser and trustee, will directly influences the complementing effects of structural remedies of anti-monopoly review. Secondly, by investigating the legislation and guidelines of the western developed countries, studying the third party purchaser selection criteria and mechanisms as well as the selection and responsibilities of the trustee, we can clear the main role’s function in the structural remedies institution.The third part is the Legal Issues of Object on Structural Remedies of Anti-monopoly Review. The object is another major factor that affects success of structural remedies. This part, first of all, references the experience of the western developed countries; clear the standard of structural remedies object. Secondly, define the object’s specific scopes, analysis three main asset types--independent assets or business, the key intellectual property rights and the necessary human resources. Finally, analysis the causes of additional mechanism of structural remedies object, examining the application of crown jewels terms of western developed countries.The fourth part is the Perfection of China’s Structural Remedies of Anti-monopoly Review. In this part, the author returns to view of our country’s anti-monopoly review. First of all, it cards current situation of legislation and law enforcement of our structural remedies. On this basis, it point out the insufficiency of subject and object in the structural remedies institution in our country. Finally, combining with the experience of western developed countries, put forward the suggestion for improvement of structural remedies of anti-monopoly review.