Research On Procedure System Of Anti-Monopoly Regulations For 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. It can influence the society positively as a whole and negatively as well. To make the best of its advantages and avoid its disadvantages, most countries'anti-trust laws in today's world have a special content that focus on the conduct of concentration of undertakings regulation. With the promulgation and implementation of "Anti-monopoly Law", the topic of anti-monopoly rules causes widespread concern and controversy between theorists and between practitioners.The anti-monopoly regulation system for concentration of undertakings mainly composed of two aspects:the substantive norms and procedural norms. This paper uses historical research, comparative studies, case studies and other methods, combined with China's newly enacted anti-monopoly law and the relevant provisions to research the procedure system of anti-monopoly regulations for Concentration of undertakings.This paper consists of five parts. The first part discusses the concept of "concentration of undertakings". Comparing the relevant provisions of the United States, Japan and the European Union and other developed countries and regions, It firstly summed up the advantages of using the expression of "concentration of undertakings" in China. Then this part analyzed the concentration of undertakings'positive and negative impacts on socio-economic development. And it also introduces the Western market economy's competition theory.The second part discusses the reporting system of concentration of undertakings. In this part, the concept, advantages and China's legislative choices of the reporting system are detail discussed. Combining with "anti-monopoly law" and the relevant provisions, this part studied the declaration of subject, standards and contents in-depth.Part Three describes the review system of anti-monopoly regulations for concentration of undertakings and its application.The fourth part discussed the relief measures and legal responsibility. This part star by the comparative study of the relief measures in the relevant legislative provisions and pointed out the inadequacy of our legislation. Then discussed the legal responsibility of the exposition of the relevant provisions of China and put forward a sound proposal.Part V examined China's process control system through two cases and from the perspective of empirical research methods, and further analyzed the problems reflected by the law enforcement practice, and put forward corresponding countermeasures.This article highlights features and innovations in the following areas:First of all, this thesis does not focus on the operator's anti-monopoly regulation of the entire system in generalities, but firmly grasp the theory, the study of the less procedural issues to explore its relevant provisions of a comprehensive and in-depth study.Second, it took an interest in legislation and enforcement practices directly, and focused on the combination of theory and practice, pointed out disadvantages of relevant law through a case when introducing the theories.Finally, the article not only pointed out the lack of process control, but also put forward to the proposed improvement of practical and effective recommendations based on the excellent analysis of foreign legislation and law enforcement experience.