Research On Remedy Of Undertakings Concentration

Because of the two-sides of undertakings concentration,the purpose of controling it under antitrust law is not simply veto down it,but is seeking to prevent and remove the effects of eliminating or limiting competition caused by it.it is not a sole way for antitrust anthority agencies to prohibit undertakings concentration of the effects of eliminating or limiting competion. Antitrust law must weigh the interest between prohibition and freedom to find a compromise way that not only can meet the undertakings concentration'demand but also can preserve the effective market competition. The remedy of undertakings concentration is just a system arrangement to meet the demand, which is best choice of controling undertakings concentration all over the world. It can attain the aim of common victory among all paties in protecting market competition,promoting concentration efficiency and preserving interest of all paties. The remedy of undertakings concentration has been built in America,European uion and so on. It has solid theoretical basis: first,the role of consultative democracy in politics and social realm has been protruding,which provides potitics theory basis for it;second,the structuralism,behaviouralism and strategism in industry organization theory has been economics theory basis;third, the balance of rule of law has arising in modern times, which provides jurisprudence basis for it.The thesis deeply probes into the remedy of undertakings concentration though combining advanced legislation and pratice experience abroad with our country'real reality,with the aim of constructing a effective system both conforming to international practice and having chinese distinctive features. The research emphasis of this thesis is legal defenition, theory basis,concrete operation and enforcement effect of the remedy of undertakings concentration. The research scope of this thesis is centering on appropriateness,feasibility and effectiveness. The research object of this thesis includes three dimension:first,it can fill the gap of this research field though the comprehesive research about the basic theory problem of the remedy of undertakings concentration;second,it can provide constructive ideas for our country'legislation, enforcement and judicature in remedy of undertakings concentration though comprehesive analysing and comparatively researching them in several countries such as America,European uion and England and so on;third,it can put forword policy recommendation for our country how to enforcement the remedy of undertakings concentration in practice and find a practical solutions for future enforcement of them though examining and analyzing current legislation situation and preliminary practice.To attain the research objectives above,this thesis mainly adopts three resaerch methods:first, this thesis adopts historical method to examine legal system,hisrory development of the remedy of undertakings concentration in America,European uion and England and so on;second, this thesis adopts comparative method in weigh the advantagements and disadvantagements of legislation and practice of the remedy of undertakings concentration in some important countries and areas as well as of structural and behavioural remedy;third, this thesis adopts economic anlysis method to analyze the theoretical basis,concrete operation and enforcement effect of the remedy of undertakings concentration. In elaborating them,this thesis follows such a logic thingking path of what are them?Why need them?How to go on with them?What are their effects?How to construct them in our country?How to further perfect them? The core problem to be solved is whether the remedy of undertakings concentration can bring into proper plays and realize the objectives of controling undertakings concentration by antitrust law.The research of this thesis not only has value both in theory and in practice but also has innovations and breakthrough in many respects. First,the selected theme is new and original. Because of the present research situation of the remedy of undertakings concentration lack of integration and systematization,this thesis goes beyond the past rsearch result and carries on a comparatively comprehensive,systemetic and deeply research on it,which is the first time at internal and external world. Second,the research perspectve is particular. Based on the new material and frontier information,this thesis comprehensively research the relevent system of America,European uion,England, OECD, ICN and other countries or international organizations. Moreover, the range and depth of involved research object is the largest and deepest at the same field at present time. Third, the research content is novel. The research content of this thesis is aboundant in theory analysis and statute explanation as well as substantive system construction and process system devision. Based on comparision and reference,the emphasis of this thesis is studying the construction and perfection of the remedy of undertakings concentration of Chinese legal system with the aim of reasonable device,proper arrangement, convenient operation,good implement,clear direction so as to have high value in legislation and enforcement for reference. Forth, the research methord makes a breakthrough. This thesis integrates the research methord of law,economics and politics together by combining standard with positivism, history with theory,comparasion with systematization. This thesis occupies full,,detailed and new materials,which make the research contents more scientific and cutting-edge as well as make the research result more reliable and practical.This thesis puts forward some advances on the remedy of undertakings concentration for our country by examining and analyzing the complete picture of the remedy of them throughout the main countries and areas. The main innovation of this thesis is putting forward that the remedy of undertakings concentration should adopt comprehensive factor choice standard on the premise of theoretical analysis frame for traditional structural and behavioural remedy,which need fully consider competition harm,induntry type,market characteristics,efficiency,timing and so on to decide how to select structural or behavioral remedy or their combination based on a case to case analysis. The basic result of this thesis is that the remedy of undertakings concentration is a system arrangement of government appropriate intervention with market by antitrust law and a useful tool of government controling over undertakings concentration and an effective way of masses participation in public governance and system innovation of antitrust law response to social demand. China should use the legislation and enforcement experience of other countries for reference and keep a foothold for our country'actual situation in order to further construct and perfect the system of the remedy of undertakings concentration at three different dimension of legislation,enforcement and judicature.