A Study On Legal Issues Of Behavioral Remedies In Mergence

As one of the important systems of antitrust law,the concentration of undertakings has some special characteristics.On the one hand,it can quickly integrate resources,improve efficiency and achieve the economies of scale;on the other hand,since the operators' strength has grown and the number of competitors in the market has decreased,monopoly is easy to appear.For this issue,most countries are apt to approve the mergence conditionally,which is the merger remedy.Structural remedy and behavioral remedy are the two most important and basic types of merger remedy.It is generally accepted in the traditional view that the structural remedy is a more fundamental and explicit choice than the behavioral remedy and the effect of structural remedy is often “once and for all”.However,in recent years,the proportion of countries applying behavioral remedies in practice has gradually risen,and the value and importance of behavioral remedies have become increasingly prominent.In view of this,this article attempts to study and analyze the legal issues related to behavioral remedies in mergence.On this basis,proposes recommendations to our system of behavioral remedies.This article is divided into four parts.The first part briefly introduces the basic theory about the behavioral remedies in mergence.Behavioral remedies are aimed at the behavior of market players.They are highly flexible and open;they can avoid excessive intervention in mergence;they have simple design and direct effects.But at the same time,they have some disadvantages,such as being difficult to implement,hard to supervise and so on.When choosing specific remedies,it should be noted that there is no absolute superiority between behavioral remedies and structural remedies.The specific choice should be based on many factors and the specific circumstances.The second part introduces the status quo of behavioral remedy in mergence of foreign countries,mainly the United States and the European Union.The main content of behavioral remedy is its typical form.On this issue,our country should learn from the legislative approach and technology of the United States and Europe,the typical form of behavioral remedies should be listed and explained in legislation.On the issue of the implementation of behavioral remedies,our country should also learn from the practices of the United States and Europe and establish a guarantee mechanism for the implementation of behavioral remedies,including supervising the trustee system,arbitration mechanism and reviewing mechanism.However,in the specific system design,we need to combine our national conditions and other factors,it is not advisable to completely copy the foreign regulations.The third part introduces and summarizes the status quo and existing problems of behavioral remedies in mergence of our country.At present,our country has preliminarily constructed the legal framework of merger remedies,but there is still a great shortage of legislative provisions on behavioral remedies.From the practical point of view,the Ministry of Commerce of China is favored by behavioral remedies,and has taken behavioral remedies for the vast majority of cases with conditional approval.Specifically,the existing problems in China's behavioral remedy system include the unclear basis for choosing behavioral remedies,the unclear types of behavioral remedies,the lack of a well-established oversight mechanism,the lack of a quick and effective dispute resolution mechanism and the ignorance of change mechanism in behavioral remedies.The fourth part puts forward suggestions on how to improve the legislation of behavioral remedy in our country,including the explicit consideration of choosing behavioral remedies,the detailed types of behavioral remedies,the establishment of a sound oversight mechanism,the active exploration of a quick and effective dispute resolution mechanism and the improvement of a review mechanism for changes in behavioral remedies.