On The Enterprises Merging Antitrust Exemption System

Antitrust law is regarded as "economic constitution" in the market economic countries, which hold the banner of free competition, strongly opposed impede or restrict competition. Enterprises merging control as one of the three pillars of the antitrust law entities naturally become the core system of antitrust regulation. But not all enterprises mergers lead to monopoly and are prohibited by the antitrust law. This thesis elaborates from four aspects: enterprises merging antitrust exemption system outlined, enterprises merging antitrust legislation system profiles of our country, foreign enterprises merging antitrust system inspection, building our enterprises merging antitrust exemption system with the methods including analysis for the legal regulations, value analysis and comparative study of national legislation and other means. And the thesis consists of four parts including the introduction, the main body and the conclusions. The introduction begins from " Interim Provisions of M & A Enterprises by Foreign Investors " of Article 22 of foreign M & A on the exemptions of antitrust investigation, then it leads to questioning the system status of the enterprises merging antitrust exemption of our country, and points out that building perfect enterprise merging antitrust exemption system adapted with the situation of our country is an indispensable part of the process of the making of antitrust law.The main body is divided into four chapters: chapter one analyses the exemption and exception on the basis of introducing views of a large number of scholars, and concludes that the distinction between these two concepts has not great practical significance. Then it compares different states on the basis of the concept of enterprise mergers, and defines the concept of enterprise mergers. At last chapter one analyses the value system of enterprises merging antitrust exemption, pointing out that the pursuit for efficiency is the primary value, and maintaining fair value is its important objectives also;Chapter two analyses the regulations of China's"Interim Provisions of M & A Enterprises by Foreign Investors"and"the antitrust law of the People's Republic of China" (draft) by introducing the background of legislation and analyzing the enterprises merging of the relevant provisions. The author points out there are some problems and deficiencies;Chapter three compares the enterprises merging antitrust system of civil law system with that of common law system, and introduces the legal experience and the judicial practice. The author hopes it may be helpful to the system's establishment in our country;Chapter four builds China's the enterprises merging antitrust exemption system from both procedures and entities, and proposes legislative proposals of building the system.