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Business concentration of restrictive conditions attached

Author: AnShouHui
Tutor: QiHongLi
School: Yunnan University of Finance
Course: Economic Law
Keywords: Concentration of Undertakings Restrictive conditions attached to the approval Restrictive conditions attached to structural Restrictive conditions attached to behavioral
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 213
Quote: 1
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Abstract

Concentration can optimize the world’s industrial structure and enterprise organization structure, concentration can make the enterprise, forming a fast-growing economies of scale, producing scale economic benefit. But some concentration may change the economic strength and market structure, produce the exclusion or limitation of competition, destroy the competition order, the economy’s long-term development, therefore need detrimental to its reasonable control, add a certain disadvantages, and restrictive conditions to eliminate or reduce concentration the harmful effects of competition bring obstacles, to restore or maintain the original competition order. Through additional certain restricted condition, can solve the concentration of hampering competition bring adverse consequences, and can realize the benefits of concentration. Implementing anti-monopoly law in more than two years, China’s commerce ministry currently published six cases, there is a banned, has five is additional restrictive conditions through. So it seems that approval attach restrictive conditions to concentration concentration system governing behavior played an extremely important role.Although our country’s anti-monopoly law of articles 28, 29, 45 and article 48 in additional restrictive conditions, and then made a regulation of the ministry of commerce on the introduction of the concentration, the examination method "concerning the implementation of concentration of assets or business stripping provisional regulations on the supplementary provisions as relative. But because China’s implementation of anti-monopoly law from a very short time, it’s only two years on antitrust case, specific treatment of multi-point not to "restrictive conditions, the provisions of the" is very simple, practical is not strong, concrete operational ambiguous, and therefore need to attach restrictive conditions to the relevant problems in study, improve the real practical operability and guidance.This paper first analyses the research methodology according to China’s ministry of commerce is published several additional restrictive conditions, approved by the case lead discussed the next attach restrictive conditions concept, characteristics, types, purpose, function, the applicable conditions, etc. Then analyzes its system value, possible problems and evaluation. The ministry of commerce issued after the five cases with a concrete analysis our current practice additional restrictive conditions, it is concluded that this paper what are the central theme: namely improve attach restrictive conditions of the guidelines. Concrete is what circumstance of behavioral restrictions apply, what circumstance how structural constraints applicable in comply with existing law, based on what measures to safeguard his biggest interests, the fastest ways to achieve concentration and comply with the purpose of anti-monopoly law. Finally concentration restrictive conditions in China at present the Suggestions on the problems of concrete structure, arranged as following:The first chapter of the main introduction to illustrate the study object, purpose and meaning, to choose a background, research status, research methods and research ideas, etc.The second chapter mainly discusses the key, attach restrictive conditions approved meaning and content. The first section is problem, leads derivation of the paper why study concentration additional restrictive conditions. The second section discusses the concept of restrictive conditions. The third section in the content of the paper, ordinal restrictive conditions from restrictive conditions of the implementation of the reason, our country currently support restrictive conditions economics basic, law system, additional restrictive conditions apply premise, applicable object, function and characteristics were discussed. The fourth section classification of restrictive conditions (structural relief, behavioral, restrictive conditions, comprehensive restrictive conditions) and analysis, it is concluded that their respective advantages and shortcomings priorities in the structural relief for behavioral restrictive conditions.The third chapter discusses restrictive conditions attached approval system value, applying problems and evaluation. The first section from both major concentration approval can efficiency and fair market competition, be helpful for centralized operator foresee your behavior consequences and conducive to industry optimized development system value to discuss. The second section might bring attach restrictive conditions, the third section analysis of these problems that approval attach restrictive conditions outweigh the costs.The fourth chapter with China’s ministry of commerce currently part of the cases announced by case analysis and comment, China’s concentration restrictive conditions. The first section analysis and comment on Belgium Inbev AB corporation and the case of merger concentration. The second section analysis and commentary Pfizer acquisitions Wyeth’s case. The third quarter Mitsubishi acquisition analysis and comment, ruby Colour to restrictive conditions in. The fourth quarter of the two companies analysis Japan Panasonic and Sanyo when the company is amalgamative take restrictive conditions. Section 5 analysis case, Coca-Cola and Huiyuan juice from another Angle discusses why this case is banned and why didn’t take restrictive conditions attached approval restrictive conditions. Finally summarizes these cases that Chinese commerce ministry take restrictive conditions tendencies and attitude.The fifth chapter basically according to this in front of the experience in implementing restrictive conditions. These experiences and requirements on the same subject, that is to restore the effective competition or maintaining market order, rather than protect competitors. The first quarter of this time and restrictive conditions proposed restrictive conditions should be put forward main consideration factors scheme. The second section discusses the requirements for structural relief from the requirements of assets, the requirements, to buy on the trustee of stripping the requirements, the requirements, time limit for stripping the obligor requirements are discussed respectively. The third quarter to the structural relief discussed the experience.The sixth chapter is the conclusion. About China ministry of commerce currently implemented additional restrictive conditions of existence, some my own suggestions.

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