On Behavioral Remedy Measures Of Merge And Acquisition In China

Concentration of undertakings makes enterprise getting scale effects by high-speed integration of cooperation resources, such as, human resource, organization, marketing etc. In the meantime, coming with the growth of enterprise development the undertakings concentration could lead to competition and exclude issues. Great part of anti-monopoly law enforcement organs among countries and regions adopt additional restrictions to approve undertakings concentration for two reasons that one for regulation competition damage could be stopped by undertakings concentration, the other one is that it can guarantee the efficiency what made by undertakings concentration.The purpose of undertakings concentration restrictive conditions approval system could not only emerge the corporation keeping the balance between healthy development and remaining the effective competence, but also the best method to solve the problem between direct forbidden and direct agreement.The type of undertakings concentration restrictive conditions approval system could be divided into two parts, one is structural behavior condition and the other one is behavioral condition.The anti-monopoly law enforcement organs of European country always prefer structural behavior condition when undertaking concentration focus on restrictive conditions approval system, the reason is that high-speed rescue effects and remaining resolving the problem of harmful competition permanently could be resolved by undertaking concentration. However, recent years, European and American countries hold the opposite attitude towards remedies, they hold the opinion that behavior condition have more space of development.Business department approved twenty four cases of undertaking concentration after publication of Chinese new < Antitrust Law > and fifteen of them was definitely utilized by behavioral condition. Different with European and American countries, behavioral condition was utilized frequently by Chinese business apartment not only because they really prefer that but because the shortage of relevant legislation about behavioral condition and poverty experience. The character of behavioral condition is very flexible that could adapt marketing exchange and avoiding highly intervene from undertaking concentration. In addition, that is a really good supplement for structural behavioral condition. However, the supervision and implement of behavioral condition is hard to consist and affect continuously. In addition, it might also the problem could disturb the mechanism of marketing. According to the under situation of our country, business apartment should choose structural condition as the first selection while making choice of choosing restrictive condition.