The Research On Substantial Standards Of Concentrations Undertakings By Anti-monopoly Law

Merger Control has been an important part of anti-monopoly law in every jurisdiction. The"merger control"by one whole chapter in the antitrust law of People's Republic of China, which received increasing attention in China. The concentrations of undertakings rules and regulations substantive appraisal judge the case whether needs to regulate most important substantive standard, therefore, should also be receiving sufficient attention.The substantial standards of the Concentrations of Undertakings have a long history in the United States and the European Union as the most developed countries in the world. The studies on substantial standards of the Concentrations of Undertakings in China are still on early phase. The paper begins with the case of the proposed acquisition by Coca Cola of Huiyuan which is the hot point in the year. According to study the roots and the necessary of substantial standards of the concentrations of undertakings, the paper tries to compare the advance of substantial standards in US and EU. The analysis of Coca-Cola Huiyuan Case showed that the Concentrations of Undertakings of China's anti-monopoly regulation tend to choose the Substantially Lessen Competition of United States.Although China's current "anti-monopoly law" has been to focus on the substantial standards of the Concentrations of Undertakings, and has made a number of provisions of standards, but the analytical framework or the concrete implementation of the system are not enough. US and EU in follows the Concentrations of Undertakings counter-monopoly rules and regulations basic principle in the foundation, unifies the national condition which our country economic society develops, went out respectively the unique path. In order to establish substantial standards of the Concentrations of Undertakings system in China, the author suggests referring to the western jurisdictions'practice to promulgate the merger guidelines. The merger guidelines should include specific standards choice and the diversity factors effecting of considerations.