Research On The Remedy Of Undertakings’Concentration

In economic activities, concentration of undertakings is a normal phenomenon, especially in the contemporary; the concentration is becoming a regular way for enterprises to expanding their scales for further development. However, concentration of undertakings has two different affects. On the one hand, it brings about the economic efficiency; on the other hand, it may bring about damage to the order of competition. So, controlling concentration of undertakings is a target of antitrust law. However, to protect economic efficiency is a goal of antitrust law. It’s a trouble in the controlling system of undertakings’ concentration that the concentration will bring about the economic efficiency and won’t produce damage to the market competition. The remedy of undertakings’ concentration is the system arrangement to meet this demand. It has been ruled by antitrust law in China, but we still need more specific rules. The aim of this thesis is to extract some valuable advices for China to improve its legal system of the remedy of undertakings’ concentration.More specifically, this thesis discussed the questions on the origin, nature, legitimacy and value of the remedy of undertakings’ concentration. And then, the thesis stated the rules contained in the legal system. Further more, the thesis analyzed the legislation and practice of our country, and summarized the useful experience and the problems reflected by practice. And then, the thesis analyzed the legislation of American and EU, and drew a conclusion on the useful experience of legislation, specific rules and ways to improving. Finally, based on the experience of American and EU and the problems of legal system of the remedy of undertakings’ concentration in our country, the thesis extracted the improvable ideas that we should sum up the experience of practice, and improve the legal system by publishing the guide to the remedy of undertakings’concentration and making more specific rules on that how to select remedies and how to practice and regulate remedies.