Preliminary Study On Sovereignty And International Merger Control

Sovereignty is effected by various factors in the economic globalization progress, so its concept is changed . Under the trend of economic globalization and merger control system in a process of internationalization, an important question is the extent to which countries need to transferring sovereignty, and to what extent countries are willing to on the transfer of sovereignty. Specifically, the relationship between sovereignty and merger control from the national perspective of sovereignty, the international merger control regime means the establishment of the autonomy international system, which will inevitably affect the state sovereignty. Simultaneously the extraterritorial enforcement of the merger control system is bound to affect the sovereignty of other states. At the international level, the concentration of power in merger control related to an autonomous international institutions system, necessarily requires the agreement to build on its over the concept of national sovereignty, and once such a system is established, the sovereignty controversy between states and international organizations will appear in the meantime.Debate on globalization has never stopped. In this case, what merger control system should do? Shall be concentrated of merger control power in the relevant international organizations, or remained on the national levels? This article try to analyze the problem from the use of sovereign power analysis method. The first chapter briefly introduces the merger-related concept and the institution of M&A in globalization process, the second chapter describe the concept related to sovereignty and the sovereignty changes in international merger control regime, and then leads to Professor Jackson's sovereign power allocation analysis method to analyze the relevant merger control distribution of power in the legislative and law enforcement. Chapter III describes the power allocation of the merger control system in the EU system, as a regional system of international competition law, whose experience has a reference system for the development of full international merger control system. Chapter IV includes global governance based on the theory of international law created from the perspective of non-traditional way, and describes the International Competition Network merger control system in a number of international convergence, although this convergence can become international customary law are not so sure but at least regarded as a source.Summary, in terms of the merger control system, the establishment of international (thus centralized) merger control system still has a long way to go, through to clear which transferred to the merger control international organizations to perform better and which retained more efficiently at the national level.