Research On EU 《Guidelines On The Assessment Of Horizontal Mergers Under The Council Regulation On The Control Of Concentration Between Undertakings》

In the process of participating in the market competition,none of those large enterprises can grow without internal expansion.We can find that merger is one of the important means for enterprise development.Horizontal mergers mean,when both parties are in the same industry or their produces belong to the same market,mergers arise.In that the form of competition relationship can extinguish the competitors directly,which will make a profound influence on the competition.Nowadays,EU and the major countries of the world make horizontal mergers as the chief object in the merger control legislation.This paper will be divided into four parts.The first part summarizes《Guidelines on the assessment of horizontal mergers under the Council Regulation on the Control of Concentration between Undertakings》.Hand over the background of this guidelines:EU merger control regulation,which Legal origin includes《Treaty of Rome),《the EC Merger Regulation》,and all kinds of notices and precedents.《the EC Merger Regulation》is the most important part and is the chief legislation of all the horizontal mergers controls from EU.It was passed in 1989,and reformed in 1997,2004,then established "Seriously Impedes Effective Competition Test".《the EC Merger Regulation》was firstly enacted to provide implemental details and economical standard for《the EC Merger Regulation》,according to the "Seriously Impedes Effective Competition Test",《the EC Merger Regulation》formulates a set of analytical framework,to help EU Committee controls those enterprises involved in the horizontal mergers in a legal,standard,united way.The second part give explanation to the analytical framework of《Guidelines on the assessment of horizontal mergers under the Council Regulation on the Control of Concentration between Undertakings》.when analysis the market share and market concentration levels,guidelines apply Herfindahl—Hirschman Index(HHI).When analysis the anti-competitive effects aroused by horizontal mergers,guidelines pay close attention to the entry of market and efficiencies.Comparison between EU《Guidelines on the assessment of horizontal mergers under the Council Regulation on the Control of Concentration between Undertakings》and US《Merger Guidelines》is the content of the third part.Since《Merger Guidelines》came into existence in 1968,"Substantial Lessen of Competition Test" is established after many times of amendment.There exists consistency between "Seriously Impedes Effective Competition Test" and "Substantial Lessen of Competition Test",therefore,analytical framework of the have some kinds of similarity.What follows are five factors which this paper will use to compare two Guidelines:market concentration levels,HHI standard,unilateral effects,coordinated effects,entry and efficiencies.We can find through comparison and analysis,the two have coherency in many provisions.Differences only exist on some individual by-rules and standard.On the last part,paper talks about the revelation that EU《Guidelines on the assessment of horizontal mergers under the Council Regulation on the Control of Concentration between Undertakings》bring to china.Firstly,paper introduces the existence of horizontal mergers of Chinese enterprises.It's the main types of merger yet.Although Antimonopoly Law make clear rules about merger regulation,this is a basement.The whole law file does not involve in the analytical frame of merger control.For that reason,this paper uses EU《Guidelines on the assessment of horizontal mergers under the Council Regulation on the Control of .Concentration between Undertakings》as a source of reference,and tries to commentate the situation of market share and concentration levels,anti-competitive effects,and other exceptions,at last,makes recommendations on the establishment of Chinese horizontal merger frame.