经营者集中附条件批准下的待剥离资产处置

Disposition of Assets to be Divested under the Context of Conditional Approval for the Concentration of Business Operators

经营者集中附条件批准又被称为合并救济,其目的是在维护市场有效竞争与维护企业健康发展之间寻求平衡。资产剥离是最为重要的合并救济措施。在等待资产被最终剥离的过渡期内,适当处置待剥离资产,保持其竞争力,对于合并救济目的之实现非常关键。我国应进一步细化资产剥离制度,而执法部门则应结合个案需求,提出一般资产保值甚至资产分持的资产处置要求,来确保待剥离资产的竞争力。

Conditional Approval for the Concentration of Business Operators, also known as merger remedies, aimed at keeping the balance between maintaining effective market competition and fostering the development of enterprises. Divestiture of assets is the most important means of merger remedies. During the interim period before the assets are ultimately divested, it is critical for realizing the goal of merger remedies to safeguard the competitiveness of the assets to be divested through assets maintenance. China should set out more detailed rules regarding the divestiture of assets and the law enforcement departments should advance the disposition requirement for value maintaining of ordinary assets, or even requirement for holding assets separately on a case by case basis, in order to ensure the competitiveness of the assets to be divested.