Research On The Legal System Of Attaching Restrictive Conditions To The Undertakings Concentration In China

For a long time, in order to become bigger and stronger, the operators often concentrate on forming scale economy. As an important means of pursuing scale economies, it plays an important role in promoting the economic development and social progress. However, the concentration of undertaking itself is a double-edged sword, it brings economic benefits with the possible risk of anti-competitive effects such as eliminate or restrict competition. Therefore, how to avoid the anti-competitive effects of the concentration of business operators is the focus of world attention.Concentration control system, regulation legal system of monopoly agreements, abuse of dominant market position of the legal system are the three pillars of anti-monopoly law system in China. Among them, the concentration control system has the important status in the anti-monopoly law system in our country. Concentration control is a means of state intervention in the market in our country. As the concentration of business operator is a double-edged sword, it need not only to maintain the leading role in promoting the development of economic, economies of scale, but also to avoid concentrating the existing or possible obstacles in competition and other anti-competitive effects. Therefore, we cannot get to refuse to eat for fear of choking to forbid concentration, while as to promote its positive effect and anti-competitive effects of the specific identified balance. As for to those less serious eliminate or restrict competition, such as anti-competitive effect the concentration of the anti-monopoly enforcement authority under the state council, we should take the attitude of not paying competitive attention or approving decision, eliminate or restrict competition with serious anti-competitive effects such as the concentration of general shall be banned decision directly, for does not lead to eliminate or restrict competition, such as serious anti-competitive effects of the concentration of business operators allow conditional approval, allowing attach restrictive conditions on the concentration of eliminate or restrict competition has or may have the effect of the remedy, so as to maintain the normal market order and vitality before concentration of undertakings.Since the implement of the anti-monopoly law in 2008, and the constantly improving of “the regulation of the state council on operators of centralized declaration standards ", " centralized declaration of operator ", " concentration review method ", " On implementing concentration stripping assets or business of the interim provisions(trial)”, which enrich the experience of anti-monopoly law enforcement agencies in our country, thus improved the law enforcement ability. However, our country has not yet formed a complete system in concentration attach restrictive conditions for approval system.This article makes a research on our country’s current concentration attach restrictive conditions approved legal system, combining with actual cases, trying to make recommendations on the improvement of the system. The article consists of four parts, the general structure arrangement is as follows:The first part is the basic theory of concentration attaches restrictive conditions approved in the legal system. This part mainly concentrate on the basic meaning, theoretical basis and applicable premise of concentration attach restrictive conditions, so as to have a clear understanding of the formation and development of the system and its important position in the whole system.The second part is the main content of current concentration attaches restrictive conditions approved in the legal system. In this part, the author analysis the current concentration attach restrictive conditions to approve the legal system and practice case in the process of law enforcement, making the result that, the promotion, determination, implementation, supervision and legal responsibility of setting is an important part of the concentration attach restrictive conditions for approval, which is of great significance to eliminate the realization of anti-competitive effects.The third part is the existing problems in the legal system of concentration attach restrictive conditions to approve in China. Through the above two parts of researching of our country’s concentration attach restrictive conditions to approve the basic theory of legal system and the system research, the author points out the problems existing in the current system of our country, such as relevant laws and regulations is too principle, lacking interoperability. In addition, during the actual case review, the review process is not transparent, with inadequate disclosure of information, as well as the subsequent supervision power is weak, and supervision mechanism is imperfect, thus makes an analyzes on the above problems.The fourth part is an overall suggestion on the concentration attaches restrictive conditions to approve in the legal system of China. This part carries on the third part; focuses on the questions aroused in the third part, trying to put forward some suggestions on attach restrictive conditions to our concentration approval system of China. Anti-monopoly law energies late in China, we can take foreign advanced technology legislation and law enforcement experience for reference, combining with the practice of law enforcement in our country, analysis the preceding case study, making suggestions on how to establish a system of reasons, the information reporting system, the public interest test system.