A Study On The Modification And Termination Rules Of Operators' Merger Remedies

In recent years,with the increasing diversification of financing methods and the encouragement of relevant policies for enterprises,Chinese enterprises have experienced rapid growth,and many enterprises want to achieve their own expansion through mergers and acquisitions.But from the perspective of the research in this article,these companies are often good at building rich capital within a relatively short period of time,which is also a way for these companies to develop rapidly in the field of antitrust law.On the other hand,the concentration of operators leads to the rapid development of enterprises,which often has the effect of eliminating and restricting competition.This has a great impact on our stable market structure and is very unfavorable for the healthy development of the market economy.Restrictive conditions system,as an important part of dealing with the concentration of operators,usually plays an irreplaceable role in maintaining market structure and maintaining orderly development of competition.Therefore,it is particularly important to improve the restrictive conditions system.However,the restrictive conditions are flexible,and will change with market conditions.The implementation effect will also be affected by various uncertain factors.Therefore,modification and termination need to be made according to market fluctuations.In practice in China,the duration of restrictive conditions often ranges from three years,five years,and ten years,and the lengthy implementation period often reduces the expected effect.All in all,the way to deal with the concentration of operators,on the one hand,to eliminate its potential anti-competitive effects,on the other hand,we must eliminate stereotyped methods.How to solve the adverse impact brought by the concentration of operators flexibly,we must give full play to the system value of restrictive conditions to the extreme.With the improvement of my country's competition legal system,the "Anti-Monopoly Law" came into being.Article 29 has more detailed content on the conditional approval system.On the whole,China has not yet formed a complete legal rule system for modification and termination of operators' merger remedies,and the related theoretical research is very inadequate.Since the implementation of the“Regulations on Additional Restrictive Conditions for Concentration of Operators(Trial)” in 2015,the Ministry of Commerce has modified and terminated the restrictive conditions in eight cases.As the number of cases continues to rise,it is even more urgent to conduct in-depth combing and research on this aspect.This article starts from the current situation of the modification and termination of operators' merger remedies in China,and discusses and studies how to improve the rules on the modification and termination of operators' merger remedies.This article is composed of five parts: the introduction is the first part.It introduces the analysis of the problem of the change and cancellation of the concentration of restrictive clauses from the perspective of typical case analysis.Summary,innovations and issues to be researched.The second part is the essence of the restrictive clauses of the operator concentration: administrative agreement.By analyzing the essence of the restrictive clauses of the operator concentration,that is,the general theory of the administrative agreement,and the legal analysis of the restrictive clauses of the operator concentration,it lays down the theory for the relevant arguments below.basis.The third part is the sublimation part of this article.In view of the Microsoft case that caused the research motivation of this thesis,it is a software industry and has different industrial characteristics from the traditional industries.Therefore,before analyzing this case,we will introduce the important characteristics of the software industry.It then analyzes whether it affects the conclusion of the administrative settlement contract,and finally reviews whether the administrative settlement contract concluded between the United States and China and Microsoft Corporation meets the requirements of the aforementioned administrative law,economic principles,and competition law.The fourth part is an analysis of the status quo.Starting from the actual situation of the modification and termination of operators' merger remedies in China,it analyzes the current legislative and law enforcement situation,and summarizes the changes and challenges faced by the restrictive condition system in the new situation.And generalization.The fifth part provides some relevant suggestions for the status quo of the modification of the restrictive clauses and the termination of the rules for the concentration of business operators.It mainly involves clarifying specific procedures of the modification and termination,recommending effective monitoring mechanisms,and integrating and attracting professional talents.