Enterprise Merger Regulation With Anti-monopoly Law

Market economy is the competitive economy. With the development of the competition,the economy centralization is inevitable. By the way of merger,enterprises can realize the aim of enlarging producing and management scales. Having positive factors about enterprise merger can force market economy efficient competition to be developed,but having negative factors about enterprise merger can damage the development of the market economy efficient competition,finally it forms the market monopoly. So we should protect those positive enterprises by legislations. But we must regulate those negative enterprises by legislations. Enterprise merger can be divided into three parts: landscape orientation merger,portrait merger(it is also called uprightness merger)and mixture merger. The direct result of landscape orientation merger is to change the market structure,to reduce the amount of the market competitors and to produce the direct damages about the market efficient competition. So landscape orientation merger is the importance for each country to act law regulations. The canonical objects of enterprise merger law regulations are damaging efficient competition enterprise merger actions. The cognizance standard of the anti-competitive enterprise merger,the composing important documents of the anti-competitive enterprise merger, the declaration and sanctions system of the enterprise merger,exception system of the law application etc,these are the important problems of the research about the enterprise merger law regulations,The cognizance standard of pro-competitive enterprise merger can be divided into two parts: epitome standard and material standard. Epitome standard includes market shares,market centralization degree,enterprise scales, technique innovation abilities etc. Enterprise merger action and damaged efficient competition action results compose the two law important documents of the anti-competition enterprise merger. When we analysis enterprise merger actions concretely,we can adopt"five-step analysis method.(That is correlation market dividing,market share conformation,analysis market entering obstacles,measurement likely producing anti-competition results,cognizance likely producing efficiency.) The declaration and sanctions system of the enterprise merger is a system which has foresees,it has much advantage on enterprise merger law regulations protections. Exception system of the law application is on different conditions of each country,it is an exempt system about enterprise merger. It includes the merger of bankrupt enterprises,the merger of forcing competition and the merger about adaptation of the international competitions.