The Practice And Improvement Of Behavioral Remedies System In Our Country

It is a common phenomenon that operators concentrate on the market economy system,and also a “double-edged sword”,which has a dual impact on the country's economic development and technological progress.On the one hand,it can optimize the allocation of resources,expand the economies of scale of enterprises,and increase the competitiveness of enterprises;And on the other hand,it may also generate or strengthen the dominant position of the market,eliminate and limit effective competition in the market,and damage the innovation power of the enterprise.Therefore,the merger remedy system has become the core content of anti-monopoly law in China and other countries and regions.This system can not only meet the needs of enterprises to expand the scale and increase economic effects,but also to maintain effective market competition.In terms of form,the merger remedy can be divided into structural remedies and behavioral remedies.The structural remedies mainly uses the means of stripping and changes the structure of the market;Behavioral remedies constrain operators' production and management behaviors through the establishment of non-discrimination clauses,firewall provisions,and independent operations.China's operators focused on anti-monopoly law enforcement and started relatively late.Therefore,they lack experience in legislation and law enforcement.Judging from the conditional restrictions announced by the Ministry of Commerce website,during August 2008 to December 2017,the Ministry of Commerce approveda total of 35 conditional approvals for business operators,of which 19 cases had applied behavioral remedies,12 cases had applied institutional remedies,and 4 cases had applied mixed rel.It can be seen that there are more behavioral remedies in our country's law enforcement practice.However,the content of our country's legislation on behavioral remedies is very few.There is a contradiction between the partial structural remedies of legislation and the practice of partial behavioral remedies.Hence,we need to further improve our country's relevant system of behavioral relief from the legislative and law enforcement levels.Compared with structural remedies,behavioral remedies have the characteristics of flexibility,diversity,reversibility,long-term,etc.At the same time,it also has the shortcomings of long implementation deadlines,high supervision costs,and unclear implementation results.The selection of relief methods in the major countries and regions of the world has also undergone a shift from structural remedies priorities to structural remedies and behavioral remedies.And with the continuous development of technology,behavioral remedies have been more widely applied in the case of high-tech industrial operator concentration.This article uses a variety of methods such as literature analysis,comparative analysis,and case empirical analysis.Taking the legislation and practice of our behavioral remedy as a starting point and combining the legislation and practice of other countries and regions,Analyze the advantages and disadvantages of behavioral relief,and then put forward suggestions for improvement.The article is divided into four parts:Chapter One begin with two typical cases of behavioral remedies,eliciting the application of behavioral remedy system in our country,and discuss the problems in the legislation and implementation of behavioral relief combination with our country's behavioral relief legislation and implementation status.At present,there are the following problems in our behavioral relief legislation: low level of existing legislation?lack of clear and consistent application principles?insufficient content and lack of operational.The following problems mainly exist in the implementation: thereis a conflict between legislation and implementation ? behavioral remedies vary in form but their effectiveness is uncertain ? insufficient disclosure of information ?operators' interests cannot be guaranteed ? behavioral change mechanism is not perfect;Chapter Two introduce relevant theories of behavioral relief.Currently,the centralized remedies for business operators are mainly divided into two types:structural remedies and behavioral remedies.Behavioral remedies have various types,includes access remedies ? non-discrimination provisions ? change of long-term exclusive contracts ? firewall provisions ? transparency provisions etc.Behavioral remedies have the characteristics of flexibility,diversity,reversibility,long-term,etc.At the same time,it also has the shortcomings of long implementation deadlines,high supervision costs,and unclear implementation results.Chapter Three analyze the application and practices of behavioral remedies,include prerequisites for behavioral remedies ? relation between application of behavioral remedies and industry?relation between types of behavioral remedies and concentration type and anti-competitive effect,and then introduce supervision?review and dispute arbitration of behavioral reliefChapter Four Make recommendations on the behavioral relief system in our country from both legislative and practical aspects base on the former discussion.Legislative aspects,we need clear and unified and clear principles for the application of remedies?refine the content of behavioral remedies?clear implementation period?perfect review system ? introduce dispute arbitration mechanism;Implementation aspects,we need further improve the information disclosure system?regular case tracking and implementation effectiveness evaluation?establish the protection of party rights and the restraint system of law enforcement agencies?strengthen cooperation with industry regulators and other government departments?strengthen international exchange and collaboration etc.