On The Concentration Of Business Operators And The Implementation Of The Conditions Attached To The Approval System

Conditional on provisions of China’s "anti-monopoly law" of the operator in the approval system in foreign countries is also known as operator centralized control system (Merger Control). The focus is like a double-edged sword, not every concentration will result in harm to competition. The excessive concentration of business operators will lead to changes in the market structure of the relevant market, the number of independent operation of the operators is reduced, resulting in exclusion, restriction or weaken the existing market competition may be, the final result is the essence of the market competition degree weakens or vanishing competition. But on the other hand, we should see the merging operators from moderate to market is not necessarily a bad influence. In the process, reduce the number of operators with, each of the independent operator has more dimensions, resulting in economies of scale, which has a lower cost, improve efficiency, promote innovation role. Violation of the "anti-monopoly law", and makes the market has the effect of restricting competition operators, the anti-monopoly law enforcement agencies shall, according to the decision of prohibition. In this case, in order to be approved, the relevant parties may propose amendments to the plan to attach restrictive conditions the way will be. These conditions require centralized party make a promise, to reduce or eliminate the anti-monopoly exclude, restrict competition concerns about the impact of law enforcement agencies due to merger, a change of the commitments we call "remedy", the anti-monopoly law enforcement agencies in the review of the changes made to the concentration of business operators have conditions of approval, is a concentration of business operators conditional approval, conditional concentration correlation system is the approval system. And directly prohibit the concentration of different concentration of business operators, conditional approval system focused on the competitive role in preservation operators at the same time, eliminate or reduce the concentration of business operators may have adverse effects on competition brings, thus realizing the maximization of centralized interest. Conditional approval is not only the obvious benefits of the parties, because it can make them from enterprises to obtain a certain economic benefit merge, expanded its production and operation scale; in addition, because such approval conditional limitation, which can avoid and reduce the adverse effects caused by the concentration of business operators in the market competition. So we will be conditional approval system for the concentration of business operators is the centralized case quite a part of both the advantages and disadvantages, is the best intermediate state directly ban and direct approval. Based on the concentration of business operators conditional approval system based on the basic theory and the main types of implementation are introduced, the status of legislation and implementation present situation at home and abroad, the system of inspection, combined with the author’s own ideas, the summary of the evaluation of the conditional concentration of China’s operators approval system is given, and the law system for the future in the system construction and some of the views of progress in the implementation process.This paper consists of the following five chapters:The introduction part of this article, by the concentration of business operators conditional approval system research significance, the basic method of domestic and foreign research and study of three parts.The first chapter is the introduction part of conditional approval system of the concentration of business operators, including the importance of the concentration of business operators, conditional approval for the premise, the connotation of value system, is a part of basic theory.The second chapter is operators conditional approval system to implement the specific type of classification, focusing on the selection criteria of conditional approval system content, angle condition attached to specific remedial measures were discussed.The third chapter through to the overseas (area) the related system, mainly on the construction of the United States of America and the EU system and the analysis of the present situation, summarizes the conditional operator concentration approval system in the advanced experience of developed countries antimonopoly law and meritThe fourth chapter the author of China’s concentration of business operators conditional approval system construction of the system and the status of the implementation of the analyses of existing building, reflects on the system, and through a variety of problems in the process of implementation of the system the analysis reflects the actual cases, finally concludes the conditional approval system in the concentration of business operators China’s future development of constructive suggestions.