On The Anti - Monopoly Law And Policy Coordination Of The Existing Steel Industry

The object of economic policy is complicated and volatile economic activities, so the economic policy has four basic characteristics: flexibility, openness, variability and compatibility. In the modern market economy, competition policy is a very important kind of economic policy. As the legal form of competition policy, Anti-monopoly law also has the distinctive features of economic policy.With the development of modern market economy and global economic integration, concentration of undertakings plays an important role in improving the socio-economic efficiency and enhancing industry international competitiveness. However, concentration of undertakings also can bring the elimination of market competitors, which may destroy the effective competitions in the market, and will further damage the legitimate rights and interests of consumers and social public interests; so many countries enact Anti-monopoly laws to regulate business concentrations.Because of the economic policy features of Anti-monopoly law and the dual characters of concentration of undertakings, the rules and regulations on concentration of undertakings in Anti-monopoly law also have obvious policy features. Theses features are embodied in: In the process of its legislation, law enforcement and judicial activities, Anti-monopoly is closely related to the other economic policies, particularly industrial policy, and they will work together.At present, China's steel industry has faced a series of problems, such as low industry concentration, excessive production capacity, and weak international competitiveness and so on. In the current environment of economic crisis, raising the industry concentration ration becomes a vital solution for our steel industry. The concentration of undertakings in steel industry is mainly a result of market mechanism, and the steel industry policy also plays an important role in the process of concentration. It is undeniable that the defects of market mechanism determines the necessities of government intervention, which makes industrial policy play an important role in achieving certain economic goals in certain historical period. However, under modern market economy system, if the steel industrial policy wants to achieve its goals, it is important and necessary to coordinate with Anti-monopoly law. Because of the economic policy features of concentration of undertakings system in Anti-monopoly law, we can coordinate these two policies. Taking the current steel industry policy in our country for example, this article tries to explain that, in current economy environment, especially under the global economic crisis circumstances, only coordinating Anti-trust law and the steel industrial policy can we readjust and revitalize the steel industry and realize effective competition of steel market.This paper is divided into four parts. The first part is the introduction of the general principles of economic policy, indicating that economic policy has four basic characteristics: flexibility, openness, variability and compatibility, then made a brief analysis of the relationship between competition policy and industrial policy.The second part includes the basic definition of concentration of undertakings, the general reasons for its regulation, and the rules and regulations of concentration of undertakings in Chinese Anti-monopoly law. Lastly, the economic policy features of concentration of undertakings system in our Anti-monopoly law are analyzed.The third part makes an analysis of the steel industrial characteristics, current situation, existing problems, and present steel industrial policies, then concludes that if we want to improve the efficiency and industrial competitiveness of China's steel industry, it is not only needed to rely on the market mechanism, but also depend on the steel industrial policy. Furthermore, in order to achieve the expected targets, steel industrial policy need to coordinate with anti-monopoly law.The last part discusses how to coordinate the relationship between the steel industrial policy and Chinese Anti-monopoly law at present, and tries to put forward some proposals.The thesis, from the point of view of law and economic, puts into methods of theories study, statistical analysis, comparative analysis, positivism analysis and contradiction analysis, try to analyze the concentration of undertakings system in Chinese Anti-monopoly law.The innovation of this thesis is analyzing and evaluating China's current steel industrial policy from the perspective of Anti-monopoly law for the first time, and tries to put forward some proposals concerning how to coordinate the steel industrial policy and Anti-monopoly law in the process of concentration of undertakings in our steel industry.