The Research On Remedies System Of The Undertakings Concentration

Undertakings concentration as one of the mainstream in today's world economic tide not only brings benefits but also produced a lot of drawbacks to the market economy. Most countries'anti-monopoly law enforcement agencies take acts to undertakings concentration. Taking remedies measures is one of the important contents of the remedies. The undertakings concentrations remedies system in China began in 2008 from the implementation of "Anti Monopoly Law". In the next eight years, the Department of Commerce approved 26 cases of Undertakings concentration with applicable restrictions conditions. But there are many defects in the system of the concentration limit of the operators in our country both in the theory and practice. Based on the concentration remedy system as the research content, by contacting the theory and practice, we analyzes the general theory of how the concentration remedy, remedy way and law enforcement practice in our country, aims to put forward Suggestions of how to improve concentration remedy system. Except the introduction and conclusion, the article is divided into four partsrThe first part is an overview of remedies system to concentration. It mainly analyzes the concentration remedies the definition, purpose and function, application condition and the basic principles of benefits, such as to lay theoretical basis for the concentration remedies system.The second part analyzes the way of concentration remedies. Concentration remedies ways mainly include structural remedies and behavioral remedies. On the basis of this classification, it respectively discusses the main content of the two remedies ways, implementation and supervision, advantages and disadvantages, which connect the provisions of the European and American antitrust law.The third part analyzes the practice of the remedies system in our country to concentration remedies system. Firstly it describes the general situation of the practice in our country, and gives the analysis and evaluation, and summarizes the advantages and shortcomings of the ministry of commerce. Then, it selects structural remedies, behavioral remedies and comprehensive case for remedies way in the case, and makes comments.The fourth part it mainly discusses the suggestions of perfecting our country's concentration remedies system:first, improve the system of concentration remedies legal system. Second, adhere to the "structural remedies first and secondly behavioral remedies" as the application of the principle. Third, taking flexible remedies measures is to ensure that remedies scientific and effective. Fourth, enhance the transparency of law enforcement. Fifth, we should track and open usual cases.