西部数据收购日立存储经营者集中反垄断审查述评

Introduction and Comment on Antimonopoly Review of the Acquisition of Hitachi Global Storage Technologies by Western Digital

2012年3月,商务部附加限制性条件批准了西部数据收购日立存储的经营者集中案件。与以美国联邦贸易委员会为代表的国外反垄断执法机构的实践相比,商务部对该案的审查过程更为曲折,并且在界定相关市场、选取救济方式等问题上采用了独特的处理方式。本案反映出企业自身经济效率的提升和促进国民经济的整体发展已成为我国经营者集中案件反垄断审查过程中的重要考量因素。

In March 2012, the acquisition by Western Digital of Hitachi Global Storage Technologies finally received conditional approval from MOFCOM. By comparison with the practice of Federal Trade Commission which is a representative of foreign anti-monopoly enforcement authorities, the review process in China is more tortuous and MOFCOM takes a unique way to deal with the relevant market definition and the remedies choosing. From the case we can also find that promoting the efficiency of corporation itself and overall development of national economic has become two important factors which will be considered in anti-monopoly review of operator concentration cases.