The Comparison Of Horizontal Merger Guidelines Between EU And The U.S.

EU and U.S. antitrust policy had been working for more than a century. From the point of view of industrial economics and competition policy, this thesis research EU and U.S. Horizontal Merger Guidelines to service the set of competition policy. Through the research for deep Mechanism of EU and U.S. Horizontal Merger Guidelines, it can provide the reference for the set of Horizontal Merger Guidelines in ChinaThis paper will be divided into three parts. The first part introduced anti-monopoly the theoretical basis of anti-monopoly and horizontal mergers. Thougth the elaboration of these basic theories, it provided the theoretical basis for a detailed discussion below.Comparison between EU《Guidelines on the assessment of horizontal mergers under the Council Regulation on the Control of Concentration between Undertakings》and US《Merger Guidelines》is the content of the second part. Since《MerserGuidelines》came into existence in 1968,"Substantial Lessen of Competition Test"is established after many times of amendment.There exists consistency between"Seriously Impedes Effective Competition Test"and"Substantial Lessen of Compertion Test",therefore, analytical framework of the have some kinds of similarity. We can find, through comparison and analysis, the two have coherency in many provisions. Differences only exist on some individual by-rules and standard.On the third part, paper talks about the revelation that the EU and U.S《Horizontal Merger Guidelines》bring to China. Although Antimonopoly Law make clear rules about merger regulation, this is a basement. The whole law file does not involve in the analytical frame of merger control. For that reason, this paper uses EU and U.S《Horizontal Merger Guidelines》as a source of reference, and tries to commentate the situation of market share and conecntration levels, anti-competitive effects, and other exception, at last, makes recommendations on the establishment of Chinese horizontal merger frame.