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Enterprise Merger&Acquisition Antitrust Review Questions Research

Posted on:2012-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WuFull Text:PDF
GTID:2166330332996688Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The building of the concentration of Chinese business operator anti-monopoly review system is relative late, the Anti-monopoly Law of the People's Republic of China and other legal software are just enacted and still have a lot of aspects needs to be improved. From the high passing rate situation of business operator concentrated cases accepted by anti-monopoly law enforcement agency of Department of Commerce, this paper deeply investigates and analyzes the anti-monopoly system of the existing concentration of business operator in China, summarizes several questions occurred in the concentration of Chinese business operator anti-monopoly review specification, and processes tentative positive analysis and argumentation. It is a practical study thesis. The study purpose of this paper lies in the maneuverability of some concrete issue in the fulfillment of the concentration of business operator anti-monopoly review regulation.This paper adopts the approach of putting forward questions, analyzing questions and solving questions, and finds out concrete operating basis in the practical possibility for the problems found and regulations lacking of maneuverability. Through the understanding of the concentration of business operator's notion and area reviewed by anti-monopoly law, the first part fixes on the position of the concentration behavior of business operator in the whole anti-monopoly law. In the second part, through the comparative analysis of different types declaration standard in other countries, ensuring the declaration standard which accords with the concentration of Chinese business operator anti-monopoly review. The third part is the analysis of the core issue in concentration behavior of reviewing business operator, namely, the issue about reviewing standard. The forth part takes the analysis of competition behavior as starting point----starts from the definition of relevant market, investigates relevant case, in order to accurately apply the relevant marketing regulations into instance. In the fifth part, through the analysis of the concrete connotation of market share, market concentration ratio and market dominance, demonstrates the relationship between the concentration of business operator and these three aspects, in order to confirm whether the merge activity should be prohibited. The sixth and seventh parts from the consideration factors of anticompetitive effect of entity review and defense matter and so on, determines whether the merge should be prohibited.When Department of Commerce reviewing whether the concentration of business operator is monopoly, it always meets troubles of exerting current regulation to judge what kind of concentration of business operator is monopoly. It is because the entity review regulation in China is still in the infant stage, and it lacks maneuverability. Consequently, this paper takes cases as the starting point of the study, otherwise it may cause the review decision made by regulator is only the simple repetition of the regulation and lacks maneuverability. Firstly, not all of the merge activities will be brought into the review of anti-monopoly regulator. Only the merge constitutes three situations of the concentration of business operator, anti-monopoly law enforcement agency would review it. Secondly, scientific declaration standard will surely change with the change of homeland economic factors. Thirdly, the selection of review standard must have maneuverability, and it could not be used for reference and transplanted randomly. Fourth, in the concrete case, we must take many factors into consideration, and define the relevant market into a relative scientific and reasonable area. Fifth, the calculated market share and market concentration ratio in the review can reflect market structure. Whether the merge activity should be prohibited should be concluded by the successive analysis under the initial cognizance foundation of regulator. Sixth, in the entity review table, we should also consider the anti-competition effect in both sides that may be caused by the concentration of business operator: unilateral effect and coordination effect. At last, the establishment of the defense system in China still needs anti-monopoly institution to make stricter and more precise mating regulation or directory documents as the complimentarily.This paper adopts methods of comparative analysis, case analysis, demonstration analysis and interdisciplinary study, illustrates my own understanding to the relevant issues, puts forward some improvement and perfection suggestions, and expects to make some expansion to the analysis of the concrete operating aspects of the concentration of Chinese business operator anti-monopoly review. Limited by the space and study ability, this paper is inevitably to have problems of considering both"extent"and"depth". I hope I can remedy these problems in the future study.
Keywords/Search Tags:Anti-monopoly, Enterprise Merger & Acquisition, Review
PDF Full Text Request
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