Research On The Subject Judgment Of Enterprise Group In Antitrust Law

Enterprise Group is a widespread economic phenomenon in the modern society, as a result of competition it has brought further development to the world economy. However, it has also challenged the competition. As a special model of enterprise organization, enterprise group displays as respective parent and subsidiary corporations with independent personalities in the legal form. But in economical essence, because of the existence of many kinds of links such as property, controlling contract and interlocking directorate, enterprise group presents an intense character of single economic entity. The contradiction between the legal form and economical essence has initiated obstacles when implementing antitrust law on enterprise group, that is, when dealing with conspiracy, monopoly and merger, recognizing the enterprise group as a single entity or several respective entities? This basic question is important to the antitrust law, because the number of enterprises influences competition structure of the market directly; also, this question is important to the enterprise itself, because if all of the members of the group are recognized as respective entities completely, all the union behaviors inside the group will be banned by the antitrust law, then the advantages of the enterprise group will all be deprived. This is not only a theory question but also a practical question.The overseas have accumulated much experience on how to regulate enterprise group in the long-term law enforcement and the judicial practice. On the basis of learning from them, this essay focuses on the establishment of an effective regulation system of enterprise group in Chinese Antitrust Law. Comparative research and case study constitute the main methods. This essay is divided into four parts as fallows: The first chapter is analyzing the difference between legal reform and economical essence of enterprise group, which causes obstacles for subject judgment of antitrust law on enterprise group. The second chapter is just to show the attitudes of courts and legislation of the overseas to this question, then concluding that the enterprise group should be viewed as one economic entity under some situations in antitrust law. Also the essay makes comments on the rationality of this subject judgment and argues that the gap caused by this subject judgment rule is justified and reasonable that serves to the aim of Anti-monopoly Law to preserve, protect and encourage competition. The third chapter makes comments on criteria of subject judgment rule of antitrust law. The criteria of subject judgment rule of antitrust law is control, then the essay represents two standards that is quantity standard and quality standard to judge"control". At last, the essay represents the exceptions of control with dominant shareholding. The fifth chapter is about our county's existing regulations concerning to the subject judgment of enterprise group in the antitrust law and the relative suggestions.The innovations of this essay: Firstly, the novelty of the topic. This essay is based on massive cases and legislation experience of the overseas, which is lacked in our country, the author hopes to establish special subject judgment rule of antitrust law in our country, in order to reflecting the real competition condition in the market and displaying the superiority of the organizational structure of enterprise group. Secondly, novelty of analyzing angle. Compared with corporate law, the author elaborates the potential but acute legal risks when the hidden analogy of the corporation concept judged by corporate law is accepted antitrust law to confirm that we should establish special subject judgment rule of antitrust law in our country.