Improvement On Application Of Merger Remedies In Our Country

Merger Remedies is an essential part of antitrust enforcement.Aim at operating Merger Remedies effectively,clear and detailed guidance for law enforcement,with experienced law enforcement officers,would be helpful for the censorship on the application of Merger Remedies.Such measure would be beneficial for maintaining a fair competitive market environment,protecting legitimate rights of consumers and promoting economic growth.The Ministry of Commerce of our country has made remarkable achievements during the 10 years of law enforcement.With the rapid rise of global mergers and acquisitions,The antitrust law in our country has an increasingly higher international status.Although relevant legal provisions and law enforcement experience in our country are constantly developing,the legal provisions are more principle-oriented and the law enforcement is not open and transparent.There are still many places that need improve.Compared with the United States,whose law in the aspect of anti-monopoly published 100 years ago,Chinese antitrust law was more principle-oriented whilst its law enforcement is not open and transparent.In the meanwhile,the United States antitrust law provides a fair competitive occasion for the enterprise through comprehensive legal provision and powerful law enforcement mechanism.The article compares the law enforcement basis between the United States and China,that is,the procedures and rules for law enforcement,the differences in the investigation procedures at various stages,the applicable types of remedies,the applicable consideration standards;safeguard measures and post assessment of remedies.on the basis of the above comparison,we can summarize the shortcomings in our country,and finally put forward corresponding law enforcement suggestions,including more detailed and transparent rules,establishing an post-evaluation mechanism and strengthen coordination and cooperation among countries.With these measures,we can promote the efficiency and ways of law enforcement of the Ministry of Commerce of our country,and finally achieve the goal of merger remedies.