Research On Concentration Of Operators With Restrictive Conditions

The concentration of operators helps to enhance the economic strength of the parties involved,enhance their competitiveness in the market,expand their original business scope,and can enhance the market’s competitive vitality and protect the public interest of society.Therefore,Operator concentration has become a common phenomenon in the global market economy.On the contrary,if the parties concerned are concentrated to use their market control status,which violates the order of competition and disrupts the orderly market system,harming the public interest,it is extremely important to carry out reasonable legal regulations.As the birthplace of anti-monopoly law,the research on anti-monopoly law in the United States is more comprehensive and systematic,and the research in some European countries is also more systematic.With the rapid economic development and integration with the world economy,China has paid more and more attention to the research on anti-monopoly law.However,the research on anti-monopoly law in China still needs to be improved in theory and be enriched in practical experience.Currently,with the development of economic globalization,economic exchanges between countries are becoming more and more frequent,and the circulation of capital in the world is becoming smoother,as a result,mergers and acquisitions between operators are also becoming more common.However,while operators concentrate on enhancing economic strength,they are also prone to monopolize enterprises,restrict competition,and damage consumers and public interests.Approving the concentration of operators with restrictive conditions as an effective method can not only effectively maintain the healthy competition of the market economy,but also promote the merger and development of enterprises.In recent years,research on the system has been a hot and focused issue in the antitrust field.At present,the research on the legal system with concentrated restrictive conditions for operators is incomplete to a certain extent,lacking guidance and operability;the regulation of this part of the legal system in most countries is too principled and not detailed enough.To sum up,in order to make the legal system of concentration of restrictive conditions for operators in our country more detailed and more complete,it is necessary to conduct in-depth thinking and comprehensive systematic research on the system.The first part,introduction.First of all,this part summarizes and raises questions about the concentration of managers in the past six years;secondly,this par,expounds the research background,research purpose,and profound significance of this article;thirdly,this part explains the current research situation of domestic and foreign,it focuses on the introduction of domestic representative works and journals;finally,this part detailed the author’s research ideas and research methods,as well as the innovation and shortcomings of this paper.The second part is the legal analysis of the concentration of managers with restrictive conditions.First of all,the reason for the concentration of managers is explored.by discussing their basic concepts,forms,advantages,etc.Secondly,this part analyzes the necessity of attaching restrictive conditions legallyThe third part analyzes the current situation and existing problems of restrictive conditions attached to the concentration of operators in China.On the basis of synthesizing the foregoing,analyze and elaborate on the types,determination,implementation,supervision,applicable premises and legal responsibilities of restrictive conditions,and propose problems in China’s current system,for example,the relevant provisions of the alternative divestiture system are imperfect,the concentration of operators with restrictive conditions permits implementation rules lacks guidance,behavioral relief preferences,the transparency of restrictive conditions is not high,and there is a lack of public review procedures for cases after implementation,and The problem was analyzed.The fourth part,our country’s operators concentrate on improving suggestions with restrictive conditions.In response to the problems raised in the foregoing,on a certain theoretical basis,this part is given from the aspects of improving the alternative divestiture system,improving the concentration of operators with restrictive conditions and permit enforcement rules,strengthening the transparency of law enforcement,the combined use of behavioral and structural conditions,and establishing a self-examination and retrospective system after the implementation of cases.Specific suggestions are expected to promote the better implementation of the system of concentration of managers in China.