Comparative Study On Concentration Of Undertakings In Anti-Monopoly Law

Concentration of undertakings, or merger is the product of market economy. Merger is beneficial to market economy because it promotes the floating of workers, materials, financial resources and technical aspects among enterprises and improves the efficiency and competitiveness of enterprises. However, uncontrolled merger will reduce even get rid of competitors in the market,which will easily lead to monopoly. Therefore, to regulate the concentration of undertakings or mergers becomes very important both in state anti-monopoly law and international law level because of its international effects. At the same time, since the consequence of merger is not limited to the territory of certain state, international community has been trying to control it by bilateral and multilateral cooperation. Although no effective and unified norms have been formulated by now,the European Union, representing the regional international law, has established regulations and practices in this aspect, which is important valuable in establishing s set of gegerally applied norms in the future. This article studies the legislative background,systems and provisions of the European Union law, and compares its merger regulations with the antitrust law of the United States,as well as China's anti-monopoly law in 2008, in order to get some inspiration to improve China's merger control system in anti-monopoly law and propose some academic suggestions. This article consists of five chapters :Chapter 1: to introduction the concept of concentration of undertakings, and the regulation to it in international level;Chapter 2: to research the merger control in European Union law in macroscopic aspect, including legal source, the division of jurisdiction between European Union and its member states, and relative comparison between America antitrust law;Chapter 3: to research the deceleration system of merger control in European Union law in microscopic aspect, including standard of declaration ,the consequences of illegal merger and the enforcement agency, and relative comparison between America antitrust law;Chapter 4: to research the examination system of merger control in European Union law in microscopic aspect, including the procedure and standard of examination, and relative comparison between America antitrust law;Chapter 5: to research the deceleration system and the examination system of China's anti-monopoly law, analysis its inadequacy, some arguments and methods to improve it, and propose personal academic suggestions.