Enterprises Merger Regulation On The Anti-monopoly Law

The regulation of enterprises merger is one of core issues of every country's anti-monopoly law. Enterprises merger would increase abnormal increase of markey concentration, and likely to restrict competition, it becomes anti-monopoly law of the territory of one of the three regulations.At present, in order to enhance the competitiveness of the national enterprises to deal with the increasingly fierce competition in the international market, the regulation of corporate merger has been increasingly shifted from strict control from the overall situation. It also ushered in the good opportunities for development for enterprises merger. Especially in China, because China is still a developing country with backward economic strength, China holds actively encouraging attitude for corporate merger in order to match with various areas of transnational giants and protect the economic security of our country. This makes the corporate merger have become increasingly frequent in China. As the development of economic and the large-scale merger of the companies, China's "anti-monopoly law" was introduced in 13 years. The draft anti-monopoly law was included from the NPC's legislative agenda in 1994, and after consideration twice in the 10^th National People's Congress Standing Committee, "anti-monopoly law" was voted in August 30,2007, and it will operate in August 1, 2008, the fourth chapter regulates focus on the terms of the provisions. This article is written in the situtation of the vote of "anti-monoply law", analysis of the enterprise merger control of the anti-monopoly law, and analysis of the newly introduced "anti-monopoly law".Part one, describe the basic problems of enterprises merger. Its content includes in the antimonopoly law meaning concept, type which enterprises merger and pros and cons which enterprises amalgamate which enterprises merger are dissected. I analyze and describe, define theme and range of the thesis through amalgamating meaning to the enterprises of various countries, have pointed out it about the fixed deficiency that "the operator is centralized" in our country "anti-monopoly law".Part two, is mainly expound the fact enterprises amalgamate theoretical foundation, principle and control method that the antimonopoly law controls. Including the merger of the two companies theoretical basis - the school structure and behaviour of school; concluded a merger of the pros and cons of economic development; analysis of mergers in the monopoly regulation principles, including the reasonable principle, the principle of bankruptcy and public welfare Principle. The anti-monoply control of merger in western countries is emerged from the harsh way to loose, from within the country to international control. The author described regulation of business combination anti-monopoly law and the theoretical foundation, and put forward my views on how to formulate a suitable for China's socialist market economy under the conditions of a merger rules.Part three, mainly expound the enterprises merger regulation of the substantive anti-monopoly standards. Determine whether the merger of enterprises have had a negative impact on competition, mainly judge from legislature in the substantive standard. Its standard substantive consist of three essential elements: related market, degree of centralization of the related product market, other factors. The writer discusses about the three elements: integrated economy, social public benefit and bankrupt and point out that our anti-monoply law should be applied in a moderate way.Part four, have expounded the fact enterprises amalgamate the antitrust regulation and make procedure rule and legal sanction. Analyze the procedure rule from starting and accepting two major respects separately. Declare subject expound the fact procedure of starting from reporting system, standard of declaring, from the competent authority, examine time limit and check that analyzed the procedure of accepting in three respects of stage, have expounded the fact emphatically our country accepts the competent authority that enterprises amalgamated, the relevant regulations of evaluation and analysis " anti-monopoly law ". Combine the actual conditions of our country on the basis of using foreign anti-momopoly for reference and is in charge of experience of organization structuring, have put forward the concrete suggestion on how to set up the antitrust responsible institution of our country.