Reseach On The Anti-trust Rules And Regulations Of The Operator's Centralization

In today's society, with the more and more intense market competitions, many operators have chosen the economic method of operator's centralization in order to enlarge their business scale. Through the centralization of the related business, or other types which the company is not good at, the company wants to integrate the resources to develop and expand. Operator's centralization, as the shortcuts of marketing operator's rapid development, has gradually become a vital form of modern investment.The operator's centralization, as a mechanism of survival of the fittest in the market economy system, is advantageous in the production adjustment, allocation of resources, the enhancement of the corporate competition and the impetus of economic progress and the technical development. But this complex market operation must be put in the perfect legal control in order to display its positive effect fully. Otherwise, it is likely that the operator's centralization may form the market monopoly because of accelerating the economical centralism, which harms the other competitor's legitimate rights and interests, and even affects the economic stability of the society. In order to effectively avoid the negative influences caused by the operator's centralization, other countries adjust through legislation, and our country is no exception. The author of this article mainly discusses by the fact that the operator's centralization must carry on anti-trust rules and regulations.This thesis mainly discusses on six parts.The first part, the introduction, puts forwards the main topic on the problem of anti-trust rules and regulations of the operator's centralization by the analysis of a case that Coca-Cola merges and acquires Huiyuan Brand.The second part, the content of the first chapter, mainly elaborates the elementary theoretical knowledge of the operator's centralization, including its definition, its specific classifications, the differences between the operator's centralization and other related concepts, and so on.The third part, the content of the second chapter, mainly analyzes the reasons why the operator's centralization must carry on the anti-trust rules and regulations, separately elaborating the following aspects: the positive and negative effects of the operator's centralization, the jurisprudence value goal of the operator's centralization and the value goal of the anti-trust rules and regulations. The positive effects of the operator's centralization mainly include the enterprise's positive effect and the national or social positive effect. The negative effects of the operator's centralization mainly refer to the operator's centralization has the possibility to create the formation of market domination or aggravates its degree, which will make some operator create the monopoly to one or more industries and thus will not favor the normal market competition. The jurisprudence value goal of the operator's centralization is to guarantee equality and to maintain the normal market competition. The value goal of the anti-trust rules and regulations of the operator's centralization is to seek the overall economic benefits of the society.The fourth part, the content of the third chapter, mainly analyzes the anti-trust rules and regulations of the operator's centralization in the Western countries. It analyzes the necessity of the problem and the legal rules and the practical procedures taken by the US and Germany.The fifth part, the content of the fourth chapter, mainly elaborates how our country should deal with the anti-trust problem of the operator's centralization. First, by the analysis of a case that Coca-Cola merges and acquires Huiyuan Brand, the conclusion is reached that our country should carry through the anti-trust censor work of the operator's centralization to the end; Next, analyze our country's substantive declaration system's related stipulation and the insufficiency about the operator's centralization based on the anti-trust law; Then analyze the substantive review mechanism's related problems about the operator's centralization according to our country's anti-trust law; Then propose the suggestions of further strengthening the rules and regulations of anti-trust legislation in our country's corporate merger and acquisition; Finally elaborate the related contents of suitable anti-trust exemption system in the process of the operator's centralization.The sixth part, the conclusion, makes a summary of the whole article.