| Undertakings concentration will help enterprise chieve scale and scope economy, reduce costs, optimize resource allocation, increase productivity and accelerate technical innovation. However, concentration may change the original market strength and lead to anti-competitive effects. Under the anti-monopoly law, merger control is not just the negation of a centralized, but to remove the anti-competitive effects brought by the concentration, so that we can achieve win-win of economic benefits and social public welfare. In the beginning of the concentration added certain restrictive conditions will better balance the antitrust laws protect competition and the implementation efficiency, at the same time, it will keep concentration in the largest extent.As a complete legal system, merger remedies is not simple, we should consider the complicated market factors and the impact of government economic policy, so that we can prevent the anti-monopoly enforcement authority for market intervention is insufficient or excessive intervention situation appear. Implementation of restrictive conditions not only to consider the effect of concentration type, also want to consider the pros and cons of restrictive conditions itself, to be able to select the most appropriate restricted condition under the condition of the least damage to concentration to achieve the objective of the system. Meanwhile, in order to guarantee the final review process and the rationality of the fairness of the results, the anti-monopoly enforcement authority shall strengthen the transparency of law enforcement, active disclosure of relevant information, cases progress to accept social evaluation and supervision of the public.This paper comprehensive inspection of the world’s major countries and regions the antitrust legislation and law enforcement practice, consider that China’s relevant legislation and law enforcement activities are still not able to meet the needs of economic development. It still lacks of effective operational and practical guidance. Based on the analysis of the general theory foundation and the restrictive conditions of different legal forms, from restrictive conditions how to define, implement, supervision and legal responsibility for law enforcement and core link is discussed respectively. In the last part, In evaluating merger remedies on the basis of the legal system in our country, puts forward some proposals to perfect relevant laws. Aimed at building the legal system with Chinese characteristics and making concentration to achieve the rules-based, improving the transparency and consistency of the anti-monopoly law, so China’s anti-monopoly law enforcement truly withstand the test of history. |
