| On September3,2008, Coca-Cola announced that it would purchase Chinese juicemaker Huiyuan by 17.92 billion Hong Kong dollars which offered by its wholly-owned subsidiary corporation. On March18,2009, the Chinese Ministry of Commerce definitely rejected Coca-Cola's application about acquisition of Huiyuan for the reason that it might bring bad effect on normal competition.This is the first case that a gathered application advanced by operater was rejected by the Ministry of commerce since the implementation of Chinese anti-monopoly law on August 1,2008.From a legal point of view,this paper analyzes the problems reflected by this case, and on this basis, puts forward corresponding countemeasures,with a purpose of offering some recommendations to improve China's anti-monopoly system. The whole peper can be divided into three parts:Partâ… : the whole incident of case"Coca-Cola acquire Huiyuan"and the three reasons for the Ministry of Commerce's rejection.Mainly describes the whole process of the case"Coca-Cola acquice Huiyuan"and the communitry's response,as well as the final three of the concludions and the reasons for rejection made by the Ministry of Commerce made.Partâ…¡: Especially makes analysis on the case"Coca-Cola acquire Huiyuan"and related cases. on the focus of controversy in several statements, This section state the author's own point of view, thereby affirming the correctness of the ruling made by the Minsitry of Commerce, Concretely,the main argument of this part can be summarized as three aspects:1,Coca-Cola and Huiyuan can be reciprocally substituted; 2, how to keep normal competiton of the market;3,analyse the total selling plan.On the foundation of the relevant analysis,the paper gives a affirmation, from the legal point of view,to the arbitrament made by the Minsitry of Commerce.And then, it definitudes the legal nature of the case"Coca-Cola acquire Huiyuan".Partâ…¢: Analyse the relationship between the case"Coca-Cola acquire Huiyuan"and the Chinese Anti-monopoly Law.From the perspective of the anti-monopoly Law , in this section the author interprete the process of admiddibility and how to make the final decision,and get a deep reserch into the related legal issues.Mainly refer to:1, The jurisdiction of the Anti-monopoly Law. Mainly discuss that the enterprise acquiring related review is just an actual government intervention or an anecessary legal procedures; 2,Analyse the reporting procedures of case review,from the report placed on file and then to the final published version , whether it meets our legal requirements or not;3,The issue about the define of monopolization.For instance, whether confirmation of market share is the only factor decides the anti-monopoly review; 4, The value orientation the protection object of Anti-monopoly law. Through the above analysis the author concludes that Chinese"anti-monopoly law"an important law on standardizing competitive behavior of enterprises.the Anti-monopoly division of the Ministry of Commerce just timely obtained a rejected conclusion according to the Anti-monopoly Law ,and in accordance with such a legal procedure. However, the Anti-monopoly Law is still an incomplete law at the present, it needs more improvement.Partâ…£:Make a consideration on Chinese anti-monpoly law system.Concentrating on the problem reflected by this case, this part put forward countermeasures as following:on the basis of the soon implementation details of the anti-monpoly law,we should pay high attention to the two aspects:1,the entity area: we should make a legislation on the define of the relevant market ,market share and market concentration as soon as possible.And make sure the provision is essential enough, for as much as it's the key to judge it's legal or not to acquire enterprises.2,the program areas:to improve the proceturely provision. Whether it's a legal arbitrament that the Chinese Ministry of Commerce has made, whether exists proper judicial remedies for the case, and how.All of these are worth of deep analysing.
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