A Study On Criteria Of Non-horizontal Merger Control

The tide of economic globalization makes the new round of merge much exceed the scope and scale of previous. It's no doubt that it will make strong impact on China which entry into WTO and will change the markets fundamentally. The china anti-monopoly law enacted last year had established legal foundation and the substantial criteria of merger control by learning from the experiences of other countries. Under the fundamental provision of the anti-monopoly law, the enforcement institution is preparing design more specific guidance. And the author has noticed that the attitude to the non-horizontal merger has been changing significantly bys one country to another. Under this background, the purpose to write this paper is through the analysis of EU and US's legislative and the practical experience, to research on the substantial criteria of the non-horizontal merger and wish it could be benefit to establish China merger guideline finally.There are 4 chapters in this thesis, the content sets forth as follow:In the first chapter, the paper mainly analyzed the theory of non-horizontal merger control. Firstly, through comparison to the horizontal merger, the author defines the concept and the particularity of non-horizontal merger, and bases on a number of differences of both types of merger, to constitute the feasible non-horizontal merger provision. Secondly, the author focuses on general analysis of the economic theory foundation of the non-horizontal merger, and From the study of Harvard School, Chicago School to post Chicago School, the author concludes that the economic view of post Chicago School is the most advanced one.In the second chapter, the author bases the research of the substantial criteria of the non-horizontal merger on the previous the discussion. Firstly, the paper classified the criteria into two kinds, the general criteria and the specific criteria, and emphasized on unilateral effect and coordinate effect of the specific criteria after briefly introduction of the general criteria. Then the paper studied the theory of harm provided in EU's"non-horizontal merger guideline".In the third chapter, upon the upper analysis of the criteria of merger, the paper studies the merger between GE/Honeywell and Google/DoubleClick, through the comparison of the attitude and conclusion of EU and US, make the economic demonstration of the criteria, then sum-up with what the author learns from the cases.In the forth chapter, after the previous chapter's study, for the purpose of establishing China's non-horizontal merger control system, the author analyzes the legal system and the social condition, and conceives some criteria for our country.