A Study And Reference On The Chinese Antimonopoly Review Regulation Of Concentration

Nowadays international economic development precedes the deep revolution and the capitals move quickly in different countries and industries. The concentration of enterprises (or the Merger and Acquisition) is one of the most important ways to upgrade the industrial structure, restructure the assets, utilize the resource and promote the market competitiveness in different countries. Without the efficient regulation, the M&A will decrease the number of competitors and change the market structure which may result in the restriction of effective competition. Most counties regulate the M&A through antimonopoly laws and China has also recently promulgated the antimonopoly law. The M&A is one important part of that law. Later China promulgates a series of regulations to assist the antimonopoly law.The European Union and the United States have developed comprehensive law systems concerning the antimonopoly regulation for the M&A. On the contrary, there were no systematic laws regulating the M&A in China. Although the antimonopoly law has been promulgated, it should summarize the practical experiences in the future. This paper makes the comparative study on antimonopoly review regulations of the M&A in EU and US to further perfect the relevant legislation in China.This paper is comprised of four chapters. The first chapter is overview the relevant issues of the M&A, such as the current situation in China, the monopoly threat, the necessity to establish Chinese antimonopoly review regulation of the M&A.The second and third chapters share the similar structure. They analysis the antimonopoly review regulation of the M&A in EU and US separately from the following aspects: the history of laws, the submitting standard, the responsibility organs, the review physical standard and relevant considerations, the first and second phases etc. This paper special introduces the successful experience in the above two countries to utilize the relevant system in China.The fourth chapter is the key point of the paper and analysis the current situation of Chinese antimonopoly laws on the basis of the above comparison of that in EU and US. Based on the analysis of the current legislations such as the Decree of the State Council of the People's Republic of China and Antimonopoly Law, the chapter points out the defects in the current laws which still need to be improved.