Anti-monopoly Law's Regulation On Concentration Of Undertakings

Concentration of Undertakings means one undertaking becomes the controlling person of other undertakings or acquires decisive influence on the other undertakings by the way of merger, buying shares or assets, or contracts. Enterprise concentration is a kind of economic phenomenon, which following the development of competition in market. Because concentration brings competition both positive and negative effects, many nations regulate concentration according to Antimonopoly Law in order to limit the negative effects.In our country's Anti-monopoly law, we have made principled provision about the declare of the convergence, the review standard and the calculated factors.These provisions offer effective direction for our country's executed organization to make the checkup practice although it has some problems to be solved.The thesis can be divided into four parts. The first part of this thesis analyzes the concept of enterprise concentration; this part will analyzes the concept of concentration of undertakings, distinguishes confusable concepts such as merger, amalgamation, acquisition to represent the concepts mentioned above in unison。The second part in order to do some reseach on the content and standard of the enterprise combination declaration; The exemption institution is the basic and essential part of the antimonopoly laws, and its implement has a great practical significance to the realization of legislative objectives of the antimonopoly laws. The dissertation points out that the exemption from the antimonopoly laws in substance is to legitimize the given restraints of competition and to give the legitimacy to the given form or activity. In this chapter, will examine it is rational to establish an administration-based system which defers to special legislation, and exante enforcement as a complement to expost enforcement, in the light of reviewing the historical backgrounds and status quo in China.The third part is on the examination procedure of enterprise concentration, How to judge the business combination needs same standards. This part is on the substantive test of examination the business combination. the thesis elaborates which elements should be considered in the entity standard, its trend of development and exemption system, puts forward the proposal of Chinese entity standard.The main research of the forth part is on the Anti-monopoly law enforcement agencies. Anti-monopoly Law's has long been known as "the Constitution of the reputation economy".Whose antitrust truly practical in the order need to establish an authoritative to make to maintain free and fair competition, independent of the law enforcement agencies, more difficult for us to do a little Anti-monopoly Legislation and Law enforcement experience.while in reality, law implementing agencies's ignorance on laws always lead to the bad implement of law. So making Anti-monopoly Law enforcement agencies under the Anti-monopoly Law and the details of implementation of various guidelines and a reasonable interpretation of the law is necessary.