A Study Of Antitrust Regulation Of The Joint Venture

In order to improve the international competitiveness of Chinese enterprises in the economic globalization, the establishment of a joint venture is undoubtedly an efficient way for an enterprise to achieve its external expansion.But joint venture simultaneously increase efficiency and suppress competition.From the complexity of joint venture, we know the diversity and necessity of the antitrust law. Joint venture is refers to a business combinations between two or more independent enterprises by inputting and integrating all kinds of resources to establish or control a new enterprise or sign series of agreements.Generally,joint venture has effect on competition mainly performance in two aspects:on the on hand joint venture may increase market concentration to reduce competition;on the other hand,joint venture can coordinate competitive behaviors.According to it,we can divide joint venture into concentrative joint venture and cooperative joint venture.so we must adopt different regulation.Antitrust regulation of joint venture in terms of criteria,content,procedures and punishment.Among it,the regulation of concentrative joint venture mainly examine the market share and market concentration, establish prior declaration system.And the regulation of cooperative joint venture mainly consider the effect on competition and the exemption.based on the classification and combine the experience of European Union and the USA,the regulation of joint venture of China should adhere to reasonable and legitimate,leaving a degree of regulatory to construct and strengthen the regulation of joint venture.First of all,clear the definition and status of joint venture.Then take different manner to regulate it,we can though clearing the judge standard,establishing prior declaration system and block exemption,completing the procedure and clearing the liability to promote the formation and maturation of the acts of antitrust regulation system of joint venture of China.