The Antitrust Regulation Of Enterprise Acquisition

Global financial crisis for countries economic development caused considerable influence, the slowdown in economic development and economic development is more severe. Economic development of environmental changed, to give worldwide competition environment and a competition law and order in a considerable influence ;The slow pace of economic development, narrowing of the profit space enterprises to increase the intensity of competition, some enterprises initiative or passivity for the merger of the way to promote the core competitiveness, so as to the fiercely competitive the market to survive.As more and more of the merger of the market competition , they changed the relevant market every enterprise market and competitive world, so the government has been committed to use economic policies, laws and regulations on mergers be reasonable and effective standard has gradually set up and improve relevant rules of the metric system, but the merger has doubled impacts, the government and relevant legislation and law enforcement agencies in policy formulation process, legislative and law enforcement in the corresponding the problems, such as how can we should hold a merger of the advantages will outweigh the disadvantages;At the enforcement of law, whether it should be prohibited, banned or release to the corresponding economic field and the competition order to bring about effect, and sure how to determine the rules of the substantive standards and procedural standards, all the problems in the world to the government and legislature should be solved step by step, of our country need to think solve these problems, the writer has more thoughts and discussions.Since of reform and opening up in our country, the mergers more dominant by the government and by foreign investment in the market to promote, exhibit number and types of consolidated and internal regulation of mergers of relevant legislation obviously cannot be solved in the process of the various problems. Relative to the United States, the European Union and Germany and other developed countries and regions of the merger of the legislative process and system of our enterprise that is the protection and support, and in the process of merging not yet ripe for the rules.In the current economic situation, this situation will exist not only for our economic strength of the enterprises to do much better, but also of economic power be weak in the face of the enterprises to survive the test of time, they would our overall economic development of a certain degree of influence, so we need to improve the regulatory system as soon as possible enterprises merger laws and regulations and related institutions.This article falls into the introduction, the text and conclusion of the body. The test divided into five parts.The first part carries on the general analysis to the business combination, has analyzed the dual influences which emphatically the business combination produces, namely positively affects with the negative effect, as well as two kind of influences bring what kind of reflecting to the competition order, how to grasp in the concrete merge rules and regulations process, enable two kind of influences to achieve balanced to safeguard the competitive system to move reasonably;At the same time, carries on the analysis to business combination's theory basis, presents the economic theory as well as its influence related industrial policy, how the legislation in view of the different period is discussed to grasp the national macroeconomic regulation and control, seeks balanced between the market economy mechanism and the state intervention.The second part mainly discusses American, European Union and German, these developed countries and the local advanced legislative experience, and summarizes the respective characteristic, is advantageous for our country to unify the current economic development situation and the legislative advancement, the reasonable absorption, profits from the related principle, the guiding principle and the concrete system, in the existing system frame, urges its function and the value through the legislative supplement can show fully.The third part discusses the rules and regulations business combination substantive standard and the exemption matter. The substantive standard is carries on the rules and regulations to the business combination the important standard, therefore to is related the market the limits, the limits to be related the market the principle, the market share, to be related the market the concentration degree accurate assurance is very important. In addition, the author also carries on the discussion to other correlation factors, mainly includes the market to enter the barrier, the product innovation and the production technological innovation. The rules and regulations business combination's exemption matter, mainly includes the bankrupt company principle, the social public interest and the national interest, raises the economic efficiency and the promotion international competitiveness.The fourth part mainly analyze the antimonopoly law rules and regulations business combination procedural standard. Carries on the analysis using the comparison research's method to the merge declaration pattern and the declaration standard; In the merge examination, to instead monopolizes the cognizant agency as well as the examination deadline carries on the discussion; In the sanction way, proposed that executes a set reasonable and the strict legal sanction way, and acts according to the different situation, adopts the issue ban to make, the fine, the civil liability and the legal responsibility and so on different responsibility undertakes the way.The fifth part discusses our country business combination legislative present situation and the consummation, carries on the analysis to our country business combination's present situation, the business combination induction is three types, namely the government leads, the foreign capital impetus and the market direction; Reviews the home about the rules and regulations business combination related legislation advancement; how regarding to consummate the related laws and regulations and the necessary system elaborated that own viewpoint, carry on the analysis from the legislative guiding principle and the concrete system's consummation, pointed out that between the coordinated competition policy and industrial policy's relations, while profit from overseas advanced legislative experience's to have the breakthrough, even more pays great attention to small and medium-sized enterprise's protection, in the concrete system's consummation stressed that manifests public hearing's value, reduces the examination deadline, the enhancement deterrent force, strengthens the foreign capital merger and acquisition in the international competition, and strengthens in the international communication to promote the law enforcement ability.