The Study On Concentration Of Business Operators Divestiture Party System

Operators focus on help to expand the operation scale,improve economic efficiency,funding may also undermine effective competition in the relevant market.Additional restrictive conditions approved concentration of operators,the purpose is not only to eliminate or restrict competition concentration of business operators that may arise, without prejudice to the revenue involved in the operation of concentration can bring.Relief system in an academic structure into relief and conduct relief,and relief to the structure as the main form of divestiture is to reduce the concentration of undertakings to eliminate or restrict competition in the most effective way to influence.Implementation divestments involving the Ministry of Commerce,peeling obligor,eligibility purchaser,the trustee(including supervision trustee and the divestiture trustee)and other parties(collectively,the parties),the release can be implemented,depending on whether the parties in accordance with law obligation or duty "rule" provisions.On the basis of problem-oriented, this paper also examines the US and European antitrust law provisions in these areas, hoping to provide material for the construction of our system. In fact, our existing asset-stripping system, there are many US and European antitrust law mark, that is the system we have created at the beginning of the US and European antitrust law to a certain degree of reference. Well, since US and European lawmakers learned the experience of antitrust law, does that mean that we no longer be necessary to study it? Based on the study we found that the framework of asset stripping system really draws a lot of US and European antitrust law experience, but the specific details of the implementation of the system, our legislator left blank. This is mainly because of the anti-monopoly system was founded, practice cases available for study is too small, difficult to put forward specific and feasible solutions, and for the US and European antitrust law can not blindly copy the. Today, the system of asset-stripping practices continue to apply to cases among the law enforcement agencies for the problem set forth above and no case of targeted programs, the United States and Europe must return to the anti-monopoly law to find solutions to those problems. Additionally, this article take game analysis on the relationship between the parties were stripped to clarify and put forward their point of conflict of interest, proceed to put forward ideas to solve the problem from the point of interest.