Study Onasset Stripping System For Concentration Of Business Operators

The concentration of business operators is the product of the modern marketeconomy.Relative to allow or prohibit the concentration,conditional allows centralized is amiddle path,not only can ensure the operator through the proper channels and expansion ofenterprises,It can eliminate the competition authority competition concerns through certainmeasures and restore competition in the relevant market.Conditional allows centralizedattached conditions including structural remedies and behavioral remedies.And assetstripping system is representative system design of structural remedies,it by means ofstripping part of assets of centralized Enterprises to appropriate independent third party tobalance relevant market. The successful operation of asset stripping system cannot dowithout the following considerations:The Standard and Determine of the qualifiedbuyers;The selection of Trustees and the obligations set;the selection and determine of thedivestiture of assets.China’s Ministry of Commerce issued the "Interim Provisions on thedivestiture of assets or business of concentration of business operators",this provision fromthe release date has been played an important role in asset stripping.But this provision isnot detailed enough.This provision are not comprehensive in the buyers, the trustee,stripping the object.We can learn from the advanced legislation and law enforcementexperience in line with their own conditions at the same time and further to improve theasset stripping system in China.Specifically，Qualified buyers should comply with the"competition" and "risk free" requirements，we should protect the trustee’s rights,at thesame time,focus on supervision of trustee and accountability mechanism.Besides,weshould clear off the requirements and the scope of object.