Conditional Approval Study In Concentration Review

The conditional approval system is an indispensable part of the core contents of the anti-monopoly review system.It is an important tool to keep the balance between effective competition and the healthy development of enterprises.The system can not only play the various positive effects generated by the concentration,but also eliminate the negative effects brought by concentration.During the operation of the conditional approval system,it mainly includes the selection and implementation of restrictive conditions.In terms of selection,restrictive conditions are usually divided into structural conditions and behavioral conditions.They have both advantages and disadvantages.Structural conditions are not only efficient and low-cost,but also damage the production efficiency of enterprises.Behavioral conditions are not only diverse and low-damage,but also high-cost and ambiguous.Therefore,the Anti-monopoly Law Enforcement Agency should treat two types of restrictive conditions equally and not be constrained by the hierarchical theory.In terms of implementation,there are several provisions ensuring the effective implementation of restrictive conditions,such as Crown Jewel,Up-front Buyer.The review system refers to adjusting conditions under special circumstances when the market changes.Since the establishment of the conditional approval system,a lot of progress has been made in terms of legislation and enforcement.On the one hand,the legal content is more abundant,and systematic regulation has just been enacted;on the other hand,the efficiency of enforcement has also been continuously improved,there were 48 cases approved conditionally until December 31,2020.At the same time,our country's conditional approval system has some deficiencies in terms of legislation and enforcement.Hence,it is recommended that we should add legislative content and manage the implementation of behavioral conditions strictly.