经营者集中反垄断控制中的资产分持规则研究
发布时间：2018-10-05 09:51
【摘要】：资产分持规则是经营者集中反垄断控制制度中的一项具体规则,形成于美欧反垄断机构的执法实践,其目的主要是防止附加资产剥离义务的当事人在资产剥离过渡期内,贬损拟剥离资产的价值和竞争力及相关市场的竞争。我国《反垄断法》实施后,执法机构通过部门规章规定了资产分持条款,公布的附条件批准案件采用了分持救济措施,但理论界尚未对此进行深入的研究。在此背景下,本文考察了美欧创设资产分持规则的目的和规则的性质,梳理了资产分持规则的适用条件、内容和实施监管的方法,揭示了资产分持规则的完整体系,并对我国进一步完善资产分持规则立法和执法实践提出了意见和建议。
[Abstract]:The asset division rule is a specific rule in the centralized antimonopoly control system of the operator, which is formed in the law enforcement practice of the antitrust agencies in the United States and Europe. Its purpose is mainly to prevent the parties with additional assets stripping obligations from taking off the assets during the transitional period. Detract from the value and competitiveness of the assets to be stripped and the competition in the relevant markets. After the implementation of the Anti-monopoly Law in China, the law enforcement agencies have stipulated the terms of asset holding through the departmental regulations, and the published conditional approval cases have adopted the relief measures of sub-holding, but the theoretical circle has not carried out a thorough study on this issue. In this context, this paper examines the purpose and nature of the rules, combs the applicable conditions, contents and methods of implementing the rules, and reveals the complete system of the rules. Suggestions and suggestions are put forward to further improve the legislation and enforcement practice of asset sharing rules in China.
【作者单位】： 商务部反垄断局;
【分类号】：D922.294
本文编号：2252931
[Abstract]:The asset division rule is a specific rule in the centralized antimonopoly control system of the operator, which is formed in the law enforcement practice of the antitrust agencies in the United States and Europe. Its purpose is mainly to prevent the parties with additional assets stripping obligations from taking off the assets during the transitional period. Detract from the value and competitiveness of the assets to be stripped and the competition in the relevant markets. After the implementation of the Anti-monopoly Law in China, the law enforcement agencies have stipulated the terms of asset holding through the departmental regulations, and the published conditional approval cases have adopted the relief measures of sub-holding, but the theoretical circle has not carried out a thorough study on this issue. In this context, this paper examines the purpose and nature of the rules, combs the applicable conditions, contents and methods of implementing the rules, and reveals the complete system of the rules. Suggestions and suggestions are put forward to further improve the legislation and enforcement practice of asset sharing rules in China.
【作者单位】： 商务部反垄断局;
【分类号】：D922.294
【参考文献】
相关重要报纸文章 前1条
1 本报记者 蒋安杰;[N];法制日报;2014年
，本文编号：2252931
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