A Comparative Study On The Concentration Of Undertakings Control Of Antitrust Law In China And Korea

China has enforced Antitrust Law and begun to control concentration ofundertakings from August1st,2008, and the specific standards of concentration ofundertakings control are also in the process of formulating. South Korea, on the otherhand, has more than twenty years experience with its Antitrust law,“The MonopolyRegulation and Fair Trade Act”(hereinafter “the Korean Antitrust law”) and recentlyrevised review criteria of concentration of undertakings by introducing the UnitedStates and the EU regulation, which improved the problems arising in practice.In this sense, the thesis focuses on the pre-regulation of merger control, namelythe reporting system and review system by comparing each of the reporting andreview system in Korea and China, and provides implications for future lawenforcement.For the reporting system, this thesis will derives the improvements referring toKorea regulation by comparative analysis on each reporting obligor of report, time toreport, standards of report, exemptions from reporting and legal responsibility toreport violations of both countries.For the review system, the most important thing is to understand the advantagesand disadvantages from restraint on competition and generated profits in market andsociety by the concentration of undertakings. To determine whether a merger shouldbe prohibit or not, the substantially lessen competition (SLC) gradually becomeconvergence in most countries. Based on this trend, China comprehensively enactedsic considers factors as merger review criteria in a general term. Meanwhile, thesefactors in the practices are embodied and evaluated by referencing other countries'regulation at present. As well, the exceptions regulation is limited to so-calledimpaction on competition and public interests, and it is necessary to clarify the scopeand requirements on which to provide a predictable criteria.Chinese concentration of undertakings control of Antitrust Law is similar withother experienced countries in this law. However, China should take its economy,policy, history, and area into account as they adopt other countries system in order toprevent disadvantages from the market competition and disbenefits of consumer andsociety. It should promote the growth of national economy and the welfare of the consumer, and also build fair market competition system.