A Study On The Centralized Review System Of Chinese Anti - Monopoly Law Managers

Centralization of business operators is a means of improving their market competitiveness in ways such as merger and obtaining controls and impacts from other operators. Through appropriate performance of business operators centralization, enterprises can enhance their market competitiveness greatly, acquire the formation of "economies of scale" with the fastest rate and lowest cost; therefore achieve better resources utilization and economic benefits to facilitate the development of market economy. But, excessive centralization would reduce the population of competitors; as a result, certain enterprises would consolidate their dominant market positions and even monopolization could occur. This phenomenon would not only disrupt competitive order in the market and violate other operators and consumers’interests, but also damage the orders of market economy and inhibit market competitions. Hence, instead of bringing in economic profits to the market, excessive centralization of business operators would produce negative influence on competitive order and expose the market to risks which are inestimable. Business operators centralization has become irresistible trend in nowadays society, and it would affect the sustainable development of market economy if without rigorous investigation. For this reason, it is vital to strictly examine the phenomenon of centralization of business operators.In order to boost the operators’market competitiveness in our country, suppress the passive influences of excessive centralization, maintain regular competitive order in the market and promote a sustainable as well as development of the socialist economy; the government must conduct strict investigation to the phenomenon of business operators centralization. The forth chapter of "Antitrust Law of the People’s Republic of China" specially formulated rigid stipulations regarding of the centralization of business operators; nevertheless, many of the regulations need further specification and clarification. And there is still a large gap compared to other countries which have established advanced legislative system and juridical practice such as United States and European Union. Under this situation, it is necessary for us to proceed all aspects of analysis regarding the censorship system on centralization of business operators as well as finding out the method of perfecting the censorship system on the centralization through experiential learning from countries and regions like United States and European Union.This paper conducts a comprehensive analysis on current situation of legislation of the censorship system for the business operators centralization, which consists of entity system and procedural system to the censorship with respect to the phenomenon of centralization. To be specific, this article divides the entity system in regard of the censorship into two categories which are substantive standards and comprehensive examination standards; and divides the procedural system into reporting system, specific examination system and defense system. The current status of censorship for business operators centralization is summarized by research and investigation to each different system. Afterwards, starting with the two fields of entity system and procedural system, this paper proceeds a comprehensive analysis on the legislative and juridical practices of USA’as well as EU’s censorship on centralization of business operators; and thus, the advances of the two systems could be discovered. After the analysis on current situations of censorships on the centralization phenomenon both at home and aboard, the article includes a compare of the censorships between our country and USA with EU. By which we can find many imperfections existing in the censorship system of the centralization of business operators. I consider learning relevant legislative and juridical practices could make up the shortcomings in our country’s censorship regarding the phenomenon of centralization. Therefore, on the basis of comparative analysis, I proposes a few suggestions concerning completing the censorship system of our country. With the hope of seeking the way to accomplish the censorship system of business operators centralization through these suggestions, thereby we could make contributions to the development of the censorship system with respect to the centralization of business operators.