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The Study Of Anti-monopoly Of Extraterritorial Concentrations Of Undertakings

Posted on:2011-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChengFull Text:PDF
GTID:2166360305981575Subject:International law
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In the 1940s,USA initiated the extraterritorial application of anti-monopoly law.After fourty-one years,USA made anti-monopoly review of extraterritorial concentration of undertakings firstly. With the increase of the economic globalization, many contrys or areas initiate the anti-monopoly review of extraterritorial concentrations of undertakings in order to maintain the stability of markets and safeguard the national interestes.There are only more than twenty years from the begine of the anti- monopoly review of extraterritorial concentrations of undertakings,however it dose not come into a system but just being an authority of the extraterritorial application of anti-monopoly law.The author propose some conceptions of the system of the anti-monopoly review of the extraterritorial concentrations of undertakings on the bases of the research into and discussion on it.The article can be divided into four parts.The first part is the overview of the extraterritorial concentrations of undertakings.The extraterritorial concentration of undertakings is one kind of concentrations of undertakings. The manifestations of concentrations of undertakings can be divided into merges of undertakings,share or asset acquiration,association and concurrence of management positons.There are three kinds of concentrations of undertakings:domestic concentrations of undertakings,concentrations of resident undertakings, extraterritorial concentrations of undertakings.The article refers to the narrow definition of extraterritorial concentrations of undertakings;it specifically refers to the extraterritorial concentrations of non-resident undertakings.Authough the anti-monopoly review of the extraterritorial concentrations of undertakings has developped for more than twenty years, it still is not a system but an authority of the extraterritorial application of anti-monopoly law.The section two analys and discusses general procedure of the anti-monopoly review of extraterritorial concentrations of undertakings,the thresholds for prior notification of the extraterritorial concentrations of undertakings,the national security review,the extraterritorial recognition and enforcement of rulings. The procedure of anti-monopoly review of extraterritorial concentrations of undertakings can be divided into prior notification,preliminary review,and substantive review.We should make a difference between thresholds for extraterritorial concentrations of undertakings and the other two kinds of concentrations of undertakings.It is necesssary to apply National Security Review to extraterritorial concentrations of undertakings;and we should regulate it carefully. It is very important for the anti-monopoly review of extraterritorial concentrations of undertakings that its ruling is recognized and enforced by the related countriesThe third part is on the conflicts of the the anti-monopoly review of extraterritorial concentrations of undertakings ,and its coordination.It conflicts in the follow aspects, the extraterritorial jurisdiction, the extraterritorial investigation and evidence collection, extraterritorial recognition and enforcement of rulings.In addition,many countrys use legislative and diplomatic means to resist other countrys'extraterritorial review.There are four manners to coordinate its conflicts: unilateral coordination,bilateral agreements,regional coordination , and unified universal coordination.The bilateral agreements are usually limited to procedure cooperation;the mechanism of EU can't be applied generally.The author suggest that we should make full use of the unified international universal coordination to achive legal assimilation on the anti-monopoly review of extraterritorial concentrations of undertakings in order to reduce conflicts.The last part makes some advice and suggestions on the system construction of the anti-monopoly review of extraterritorial concentrations of undertakings.The system should inculd the following content basically:the stipulation of reasonable extraterritorial jurisdiction;agencies in charge of the anti-monopoly review of extraterritorial concentrations of undertakings and functional department which is scientific and standard;the specialized thresholds for prior notification and review standard which are suitable for extraterritorial concentrations of undertakings;assistance of and preclusion to extraterritorial review;private implementation of regulation of anti-monopoly law on extraterritorial concentrations of undertakings.
Keywords/Search Tags:extraterritorial concentrations of undertakings, the anti-monopoly review of extraterritorial concentrations of undertakings, conflict and coordination, system construction
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