In Praise of SAMR’s Behavioral Remedies: Preventing Over-Deterrence in Global Merger Control

This article examines the use of behavioral remedies in merger control in China, and contrasts it with the stance opposing conduct remedies in the U.S., UK, and other jurisdictions including Australia and Germany. It argues that acknowledgement of the benefits offered by behavioral remedies can eliminate a serious risk of over-enforcement, avoiding a chilling effect on even pro-competitive mergers and acquisitions (“M&As”). The nearly fifteen years’ experience of implementing behaviora