Research On The Application Of Restrictive Conditions For The Film Industry Operators

At this stage,the film industry in our country has gradually shifted from the original mode of production-distribution-projection to the vertical integration of production,distribution and screening.The essence of the integrated model is more like a concentration of managers,and concentration tends to lead to the emergence of a monopoly.Under the circumstance of competition in the film industry and lack of laws on monopoly regulation,how to regulate the current pattern of antitrust has become an urgent problem to be solved.Although there is no monopoly state or monopoly behavior stipulated by law in the film industry at the present stage in China.With the rapid development of the film industry and the frequent occurrence of the phenomenon of restricting competition in recent years,we need to take precautions to explore the corresponding regulatory laws to take preventive measures.This article starts with Wanda's acquisition of AMC and Ali into the land as the starting point.In the film industry,operators focus on these two typical cases of mergers and acquisitions and then analyze their potential common problems of competition: the film industry horizontal or vertical M & A itself is suspected of monopoly? Whether M & A under the movie industry will lead to monopolistic behavior and how to grasp the appropriateness of centralized regulation of movie makers under the film industry.Based on the above problems,the author analyzes and studies the competitive effects of the concentration of managers in the film industry at this stage from the perspectives of horizontal managers and vertical managers,and holds that the horizontal concentration of managers and the traditional industries in China's film industry.There is not much difference,and the particularity of the movie industry dictates that we need to be more involved in the field of concentration of vertical operators in the film industry when it comes to regulation of operator concentration.The second part of this paper analyzes and analyzes the particularity of the movie industry when it focuses on legal regulation of the operators.Because of the particularity of the movie industry that is different from the traditional industries,the author defines the particularity of the related market in the movie industry,The definition of the market share of the film industry and the ease of market access to analyze,so as to explore the reference for the next part to explore the special factors that the concentration of restrictive conditions in the film industry.In the third part of this article,the author elaborates on the institutional basis formanagers to attach restrictive conditions: structural constraints and behavioral constraints,and on the basis of a comparative analysis of the two,we explore how to better apply to Among the film industry managers' centralized regulation.Taking into consideration that the current industrial development in China is similar to that of the movie industry in the 1930 s in the United States.The article focuses on the current case of Paramount to study the monopoly of China's movie industry Legal regulation.The Paramount case at the time effectively protected the industry competition,but in the ensuing decades the result has deviated from the original intention of law enforcement agencies aimed at protecting competition and improving consumer welfare.What is highlighted is a more important issue: the contradiction between the monopoly regulation of operators and the tendency of the consolidation of vertical integration.The author believes that under the circumstance of the combined development of vertical integration and the economies of scale and the increase of overall social benefits.The antitrust authorities in our country should mainly use behavioral remedies first,which is not only conducive to the protection of movie businesses Self-development,but also conducive to the health and stability of the entire social economy.Only when the operator's concentration behavior reaches a state of monopolization that severely disrupts competition,and the means of adopting structural relief are sufficiently effective,can structural relief be considered From the source to regulate.Therefore,when the film industry in our country focuses on the regulation of the operators and the application of the additional restrictive conditions,we should adopt a business-oriented system based on the behavioral conditions and supplementing the non-necessity with the structural relief when the specific cases are combined.Concentration of additional restrictions apply to the mode.However,based on the current regulatory regime of China's Anti-Monopoly Law and Anti-Unfair Competition Law,the applicable mechanism of restrictive conditions imposed by the concentration of operators under the film industry is still in the development and perfection stage.Therefore,in the fourth part,The particularity of the industry itself from the macro and micro levels to put forward some suggestions on how to apply the mechanism of restrictive conditions attached by the operators in the film industry in our country: to differentiate and synthesize "behavioral restrictions" and "structural restrictions" from a macro perspective,This paper clarifies the specific applicable situations of various restrictions from the microscopic point of view,and it analyzes the problems existing in the applicable period,dynamics,trustee system and the arbitration clause of the current additional restrictiveconditions.It puts forward the perfect opinions.The author thinks that the anti-monopoly law should provide a basic theory for anti-competitive and antitrust regulation in the film industry in the later period.Reference and reference,at the same time to coordinate industrial policy and Dispute policy provides theoretical and practical support to solve the problem of conflict in the film industry.