Research On Standards Of Merger Control In China

Merger is a double-edged sword, which can enlarge the scale of enterprise, realize the scale economy, bring more interests for enterprise, but also may be the key to producing or strengthening the market dominance, and generating monopoly to restrict competition, so every country seems merger control as the central of anti-monopoly law. However, different countries have different national conditions in economy and politics, so the standards of merger control in every country are different. China has enacted the monopoly law, but the standards of merger control are not so clear and complete. Therefore, this paper studies comparatively the merger prohibition standards in the European Union and the United States to explore a merger criteria to determine the internal rules and the development trend of China's anti-trust laws so as to provide sound scientific basis for.In the first part, the author mainly introduces the background and significance of this paper as well as writing purpose and methods.The second part outlines Anti-monopoly regulation in the merger. The author primarily describes the concept and the form of merger, demonstrates both the pros and cons of the necessity to regulate merger in Anti-monopoly law, and presents economic theories determining the standards of merger.In the third part, the author introduces the analytical methods of merger standards both in EU and U.S., including the relevant market definition, market concentration analytical methods and other merger-related economic theories. The paper compares the two analytical methods and finds out the differences between them to provide a reference for establishing merger standards in China.Part five compares the merger prohibition standards in EU and the United States.The author introduces the merger standards in different periods of EU and the United States chronologically, such as the "abuse of market dominant position" standard, "market dominance" standard and "seriously impeding effective competition" standard in EU, and The "restraint of trade or business as well as the intent to achieve monopoly" standard, "substantial lessening of competition" standard and "efficiency" standard in United States. In the last part, the author makes four suggestions for th improvement of merger regulations in China.:First, determine the relevant market according to the SSNIP method; Second, determine the market dominant on the basis of matket share; Third, integrated use of economic analysis method to determine the standards of merger prohibition; Forth, adopt the standard of substantial lessening of competition.