Research On Concentration Of Undertakings For Regulation Of Monopoly Act

Since the reform and open policy, specially joined WTO, enterprises (annexation) integration has become the trend, resulting in a larger market concentration. The influence of concentration of undertakings upon the market competition has advantages and disadvantages. How to regulate concentration of undertakings to enhance strong points and avoid weaknesses becomes the important topic which our country should research urgently.This article concentrates the rules and regulations about concentration of undertakings of China. By empirical and canonical, comparative method, qualitative and quantitative analyses, this thesis explores the general theory of concentration of undertakings, legislative practices on regulating of concentration of undertakings of several developed countries', such as the U.S., European Union, Germany, the present situation about the rules and regulations about concentration of undertakings of China, the questions and the suggestions. The dissertation develops this thesis in six parts. The first part of this thesis introduces the related research results, research background, the significance, the method and the innovation. The second part of this thesis analyzes the concept of concentration of undertakings, distinguishes confusable concepts such as merger, amalgamation, acquisition and use"concentration of undertakings"to represent the concepts mentioned above in unison。This thesis also explains three major types of M&A including horizontal, vertical and mixed M&A and introduces the general theory of concentration of undertakings, such as the connotation, advantages and disadvantages. The third part of this thesis compares legislative practices on regulating enterprise concentration of several developed countries', such as the U.S., European Union, Germany, and finds similarities and differences to make clear the development direct of antimonopoly law. The fourth part of this thesis analyzes the rules and regulations about concentration of undertakings of China. Since the reform and open policy, although our country has formulated some rules, until 2007 the Antimonopoly Law of China is not approved and publicized. Although our scholars of antitrust law pay much attention to this domain, the study of regulation system is not enough. There are the following problems: lack of clear operational standard of antimonopoly , the factors which the examination of the concentration of undertakings shall consider are vague,legal liability is not comprehensive, and no easy to control the administrative power confining the market competition policy. The fifth part of this thesis proposes some constructive suggestions to perfect our country's rules and regulations system on concentration of undertakings. Suggestions which this thesis proposes contains: to adopt HHI to measure concentration and improve the rules to regulate the monopoly administratively and establish an independent special institution with enough authority. The sixth part of this thesis provides the basic conclusion and questions which need to further study.The main innovation of this thesis lies in: First, comparing legislative practices on regulating enterprise concentration of several developed countries', such as the U.S., European Union, Germany; Second analyzing the insufficiency about the rules and regulations system on concentration of undertakings of China. Third, proposing some constructive suggestions to perfect our country's rules and regulations system on concentration of undertakings.