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经营者集中救济通常划分为结构性救济和行为性救济两种类型。结构性救济具有简单、明确并且易于监督等优点,但其设计、实施和监督也具有不可忽视的缺陷,因此其并不具有绝对优先性。行为性救济具有设计困难多、实施风险大和监督成本高等弊端,但这些弊端是完全可以消除的,因此其不只是具有辅助性。在经营者集中救济商谈过程中,经营者集中救济的类型选择取决于对救济目标能否实现的判断,具有一定的灵活性,要考虑本国具体情况,并且要接受效果评估。因此,立足于本国、本地区的反垄断法律体系,将市场环境、竞争损害、产业类型、效率、期限等因素加以综合考虑,凸显执法的实践理性,选择对具体个案最合适的救济类型,是比救济类型位阶性更为重要的问题。
Concentration of operator relief is usually divided into two types of structural relief and behavioral relief. Structural remedy has the advantages of simple, clear and easy to supervise, but its design, implementation and supervision also have defects that can not be ignored, so it does not have the absolute priority. Behavioral remedies have many disadvantages such as design difficulties, high risk of implementation and high cost of supervising. However, these drawbacks can be completely eliminated, so they are not only supportive. In the course of concentration and relief consultation, the type of concentration of relief depends on the judgment of whether the relief target can be achieved, has some flexibility, and needs to consider the specific situation of the country and accept the effect evaluation. Therefore, based on the antitrust legal system of our country and our region, the factors such as market environment, competition damage, industry type, efficiency, term and so on should be comprehensively considered, the practical rationality of law enforcement should be highlighted, and the most appropriate type of remedy for selecting specific cases is More important than the level of relief.