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A Study On Enterprises Merger In The Anti-monopoly Law

Posted on:2004-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2156360095961771Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The anti-monopoly law is known as "Magna Carat of the free enterprises" in U.S.A. According to legislative experience of U.S.A., Germany, EC, the anti-monopoly law at least has defined three rules in object to private monopoly, which are forbidding abusing monopoly agreement, markets dominant status and regulating enterprises merger. These three respects are considered as three major pillars of entity law of anti-monopoly law. The tide of economic globalization makes the enterprises merger which was limited in one country before have obvious times characteristic and makes strong impact on numerous countries market, including our country. In our country, It is mainly shown as the overbearing tide that the foreign capitals merger the state-owned enterprises. In view of this, this thesis is selected title of enterprises merger of anti-monopoly law. I attempt to inquire into how to construct the regulation institution of enterprises merger in our country anti-monopoly law.In this thesis, I define the concept of enterprises merger in anti-monopoly law at first and analyze the value of enterprises merger. Secondly, I study the regulation institution of enterprises merger of U.S.A., Germany, and EC from the view of legislation and justice practice. Then I investigate new challenges and present way of replying which economic globalization gives regulation of enterprises merger. Then I explain necessity of issue of anti-monopoly law in our country, and point out that regulation of enterprises merger is regarded as its main legislative orientation clearly. Finally, I give my legislative suggestion on how to construct the regulation institution of enterprises merger in our country.In this thesis, I think socialistic market economy can't do without the competition. Market economy act just through competition mechanism and realize the rational distribution of resources. But market itself does not have and maintain free and fair competitive mechanism. So competition policy is required to protect and promote competition. Market economy is the legal economy and competition should mainly be protected by legal means naturally. Our country needs anti-monopoly law and enterprises merger is regarded as its main legislativeorientation. The regulation of enterprises merger of U.S.A., Germany, and EC relatively matures and represents developing direction of the regulation of enterprises merger nowadays. The study on the competition law of our country starts relatively late. Drawing lessons from the foreign method can yet be regarded as a kind of shortcut of solving the problem here. There is commonness as well as difference in the regulation institution of merger among U.S.A., Germany and EC. From the legislative mode, U.S.A. is transformed to behaviorism from structuralism, while Germany and EC pursue behaviorism. U.S.A. and other countries confirm overseas force of their anti-monopoly law and actively seek to solve the contemporary problem on enterprises merger through the bilateral cooperation between the developed countries in the face of tide of global economy. Because of limitation of bilateral agreement, a lot of anti-monopoly law experts devote to study unified regulation institution of world merger. According to present situation, it only can be a kind of ideal to unify regulation institution of world merger. According to our country economic developing conditions, the regulation institution of enterprises merger in our country should establish legislative mode of behaviorism and also emphasize that the regulation should pay attention to protection of consumer, small enterprises, social public interests and to benefit of country while protecting competition. As it is only a kind of ideal state to set up unified regulation institution of world merger at present, the regulation institution of enterprises merger of our country should be defined its overseas force, and we should actively participate in international cooperation, seek to solve enterprises merger through multilateral way of...
Keywords/Search Tags:anti-monopoly, enterprises merger, regulation institution, effective competition, legislation
PDF Full Text Request
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