Anti-monopoly Analysis To The New Characteristics Of Transnational Merger

Mainly there are the tasks of three respects in protecting the competition in the antimonopoly law: Control and monopolize the agreement, forbid abusing the market status and controlling enterprises to amalgamate. With the development of global economic integration, our country has already entered a high-incidence season of merger at present, such as transnational merger prevail, trace it to its cause for 3 mainly: merge for the foreign capitals; the reorganization of assets; requirement for strategic development of walking out for Chinese enterprises. But as to present domestic legislation current situation, our antimonopoly law draft has been just issued, still in the opinion and solicit period, a lot of phenomena are not reflected, many problems have not been solved yet, especially in recent years, some new characteristics that appear among merging should cause economic attention of educational circles of antimonopoly law that we make. This text analyzes on the basis of studying a large number of relevant materials that summarize new characteristic and trend that the transnational merger field appears at present, two most prominent characteristics among them of key analysis: brand expand and technology monopoly, combining the basic principles of anti-monopoly control, this part puts forward unique legislative ideas. After analyses of the positivism, the brands explosion, especially the horizontal brand expanding, has obviously hindered other competitors entering, controls market intention of structure. It monopolizes properties obviously, so it should be under the control of the antimonopoly law. Reflect that exempt the exceptional existence to transnational merger in the judicial practice, brand in level expanding should receive strict restriction of antimonopoly law. In the technical field, because intellectual property right is an antitrust exception, so it should combine the principle of the antimonopoly law and basic principle of protecting the intellectual property right, analyzing that implements the change of enterprise's relevant market...