On Prohibition Criteria Of Merger Control In Antitrust Law

Antitrust law has a history of more than 100 years from promulgating the Sherman Act of the United States. Antitrust law is known as"Magna Carta of the free enterprises","Economic Constitution". Plenty of developed countries, such as American, Germany and Japan, have set up a perfect system of regulating enterprise merger by carrying Anti-Monopoly Law into execution. Obviously, the regulation about enterprise merger has been a core part of Anti-Monopoly Law. Generally speaking, the regulation about enterprise merger in Anti-Monopoly Law contains procedural regulations and substantial regulations, and substantial regulations mainly focus on Prohibition Criteria in Merger Control. Author applies several means, such as comparative analysis, historical inspection, logical analysis and theory with practice to lucubrate Prohibition Criteria of Merger Control in Anti-Monopoly Law. Consequently, basing on the actual conditions of China, Author proposes legislative advices on setting up Prohibition Criteria in Merger Control of China's Anti-Monopoly Law in the course of regulating enterprise merger.There are 4 chapters in this thesis, and the contents are as follows:Chapter1, Author defines enterprise merger by analyzing and discussing the provisions of China's present regulations and relevant regulations of foreign countries and finally gets Author's own definition in Anti-Monopoly Law on the base of the analysis and discussion above.Chapter2, Author investigates enterprise merger in Anti-Monopoly Law from two aspects: economical theories and major legal basis of competition law, which will benefit the design of China's relevant system of the Anti-Monopoly Law.Chapter3, Author discusses Prohibition Criteria of Merger Control in anti-monopoly law, its judge elements and exemption. Firstly, based on the discussion of Prohibition Criteria of Merger Control in Anti-Monopoly Law of foreign countries, Author concludes that there are two typical substantial criterions in the world: Dominant Position and Substantial Lessening. And then Author comes to the conclusion that Substantial Lessening is more applicable through analyzing and comparing American and EU's relative legal provisions and judicatory practices. Finally, the author analyses the exemption of enterprise merger from Anti-monopoly law systematically.Chapter 4,Author discusses the situation of enterprise merger and relative legislation in china. Combining the segments above of the thesis, Author raises the point that our country should also adopt the criterion of substantial lessening of competition. Finally, Author puts forward his own opinions on how to actualize Prohibition Criteria of Merger Control in anti-monopoly law in China.