Empirical Research On Remedies In The Concentration Of Undertakings

The System of the Conditional Approval of the Concentration of Undertakings,as known as ‘The System of the Remedies Concentration of Undertakings'.Antimonopoly enforcement authorities may decide conditional approval to those concentrations which may impose antimonopoly effects in practice.Anti-monopoly Bureau of MOFCOM,as the antimonopoly enforcement authorities on concentration,has decided 28 cases which are conditional approved from 2008 when the Antimonopoly Law was forced to 2016.An empirical search on the 28 cases is made in this article,so the problems below are found.Third-party dispute settlement system was applied in 22 cases,but there is no proper definition for Supervision Trustee in law.There is no supervision and punishment system for supervision trustees.The types of behavioral remedies listed in law is much less than that was forced in practice.To improve those defects mentioned above,suggestions are given as following aspects: First,in legislation level,the ‘Supervision Trustee' shall be define as ‘natural person,legal person or other organizations who supervise the execution process of the concentration remedies under the trust of declarant and the permission of MOFCOM'.Second,MOFCOM should clarify the liability and possible violation punishment of supervision trustee,or negotiate the civil liability in delegation agreement.Third,name the different types of behavioral remedies in law.Last,avoid ‘repeating the law' or those behavioral remedies which may cause 'anticompetition effects'.In general,MOFCOM releases the supervision of concentration those years.After a wide application of behavioral remedies during 2011 and 2014,the structure remedies recover again step by step.When computing and analyzing all case-related data,rules can be concluded as follow.The best proposal to MOFCOM when concentrating with establishing joint venture is behavioral remedies,at least the non-discrimination provisions shall be included.In terms of vertical concentration,the proposal should be submitted is shall be behavioral remedies.Those rules drawn from the statistics may guide the concentrating parties to make right strategy.