Research On Anti-monopoly Review Process With Concentration Of Undertakings

Concentration of undertakings is one of the core issue of national anti-monopoly law, China's anti-monopoly law has also spent a lot of provisions in it. But these provisions do over-program, and the present, China's scholars in this research focused on entity analysis, and for very little study on the procedure analysis. Therefore, by the integrated use of economics/law and compare methods of analysis, to direct the shortcomings of the regulation on the concentration of undertakings, analysis and drawing on the theoretical basis of foreign legislation and practical experience, the author bring forward a basic integrity suggestion on China's regulatory procedures of concentration of undertakings.The article is divided into four chapters. Chapterâ… of "concentration of undertakings'connotation and denotation", which explored the conception/tape and other basic problems of concentration of undertakings, make a macro introduction on what concentration of undertakings meanings.Chapterâ…¡is "the theoretical basis on structure the anti-monopoly review procedures". After the analysis of why regulate the concentration of undertakings, discussed in the theoretical basis of review process on concentration of undertakings, from progress'important significance and the development trend of anti-monopoly law, that two different way. In a ward, why we research the review procedures of concentration of undertakings.Chapterâ…¢is " legal issue on anti-monopoly review procedures of concentration of undertakings", introduce the basic procedures on anti-monopoly review of concentration of undertakings, combined with our existing laws, pointing out its problems.Chapterâ…£as " how to improve China's anti-monopoly review procedures of concentration of undertakings" is the focus of the article, is also the author's suggestion on how to improve China's anti-monopoly review procedures of concentration of undertakings. Chapterâ…£is divided into five parts. The first part, the author suggest set up a guidance system before undertakings declare concentration, that can make the undertakings achieve the guidance from the enforcement of the Anti-monopoly Law before declare; The second part, the author suggest establish a special declaration system, to avoid deadlock of information in the case of hostile takeover; The third part, in the review progress, the author suggest build a mechanism for talks between the parties involved, formation a frank and open dialogue; The fourth part, the authors proposed to improve the hearing system, through the hearings to ensure the right to know and the right to defend themselves of the undertakings', and achieve procedural fairness; The fifth part, the author proposed to improve the internal remedy of concentration review, which establish a internal control system for the enforcement of the Anti-monopoly Law, to make its behavior to be controlled from the inside out.