Research On The Corporate Groups' Competition-restricting Conduct From The Angle Of Anti-monopoly Law

Corporate groups is a widespread economic phenomenon in the modern society, and its emergence and proliferation bring about further development to the world economy. However, it also has challenged traditional law. In practice, the occurrence of many competition-restricting conduct has relation with corporate groups more or less, for example, several companies set up a corporate groups in order to extend the market influence and abuse its market domination position to supplant the opponents and acquire the high sum profits; corporate groups and other companies or corporate groups sign the restrictive covenants such as fixing the price, dividing the market and limiting the yield etc. to ease or extenninate the competition. The anti-monopoly law which will be promulgated in our country is a basic law, the provision only provides a general rule on what is forbidden without concrete and specific instruction, therefore, there is no explicit provision for the competition-restricting conduct carried out by this special corpus .In the academic circles, research on this problem is just the start ,therefore, research on the competition-restricting conduct carried out by the corporate groups will have realistic meaning not only to theoretical study but to the legislative practice.This thesis includes four sections. The first section begins with the specialty of corporate groups by illustrating the differences between the corporate groups and the single company regulated in the anti-monopoly law. And it is followed by analyzing the types of the competition-restricting conduct usually carried out by the corporate groups. This section makes the foundation for the discussion in the following sections. The second section applies comparative methodology to analyze the experience that how the anti-monopoly law of foreign countries regulates the intra-enterprise conspiracy and draws the conclusion that the intra-enterprise conspiracy has far more effect on the corporate groups tactics than the negative influence it has on the competition , so the anti-monopoly law in our country should forgive the conspiracy between parent company and wholly owned subsidiary , between parent company and absolutely owned subsidiary and betweenwholly common-hold subsidiaries. Other intra-enterprise conspiracies should be determined whether to be regulated or not by investigating the degree of the control. The third section involves the conduct of the corporate groups' abusing the market domination position and puts forward that the principles of corporation law should be applied to make sure whether the corporate groups possesses market domination position . then comes the last part of this section ,which uses the empirical research to analyze the regulation on some specific kinds of conduct such as price discrimination, refusal to deal. The last section examines how to regulate the merger related to the corporate groups. It applies the comparative methodology to analyze the merger control standard in USA and Germany and comes to the conclusion that we should adopt the German standard and apply the standard on the basis of principles of corporation law.