With the development of the socialist market economy, the merger and Acquisition becomes a good way to develop the enterprises on a large scale. But ,when the scale of the enterprise exceeds some extension, it may come into being monopoly in the market. So it is the key of settling the problems of antitrust on merger and acquisition to deal with the relation of the scale economy and antitrust exactly and keep the effective economy in the market. In this dissertation, the author expatiate some shortcomings of antitrust law which are concerned with merger and acquisition in terms of the analysis of the actual state of merger and acquisition, the limitation of our own law on this aspect. Further more, at the basis of successful experiences of other countries, according the conditions of the merger and acquisition in china, author propose some ideas on how to deal with the relation of the scale economy and antitrust and establish our own jurisprudence of merger and acquisition.
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