Business Combination To The Dissolution Of The Program To Explore

As China's Anti-monopoly Law takes effect, the research of relevant procedural issues becomes more and more crucial and important. The author wants to demonstrate and prove the procedural system which relevant department adopts to deal with the company integration in the process of investigation and supervisory. The examination of concentration of undertaking and the control of the enterprise merger are both traditional dictions of the corresponding systems in Germany's anti-trust law, which are widely applied in China's anti-monopoly law by Chinese scholars.In terms of German law, an enterprise merger which leads to the appearance or strength of a market ascendancy, will be prohibited by the federal cartel bureau. However, if the enterprise merger, which should have been prohibited, conforms to certain public interests, such as improvement of the competitive environment, etc. an exception from the prohibition can be constituted because of the comprehensive measure of the cartel bureau, or it will receive special permission from the minister of economy. Therefore, the Germany Anti-monopoly Law has systematic and comprehensive rules of enterprise combination and dissolution.At first, the thesis discusses the procedure of the enterprise combination and dissolution in the Germany enterprise combination control system and makes a profound analysis to the procedures under different conditions.The China's Anti-monopoly Law establishes the system of the examination of concentration of undertaking and forbids the concentration that will or may cause the elimination and limitation of the competitive effect. Furthermore, it stipulates if the concentration accords with certain public interests, the enforcement agency could make an exception to the probation. In the meanwhile, the Article 48 provides the sanction measures to the illegal enterprise combination. But the system is still very vulnerable. Its applicability also requires improvement. After an introduction of the German relevant system, the thesis demonstrates the rules of the examination of concentration of undertaking and provides the inspiration to us in the elimination of competitive limitation and the professional setting of anti-monopoly law enforcement agencies, according to the German enterprise combination control system.Through the analysis, the author draws a conclusion below. We should take examples of anti-monopoly law enforcement agency setting from Germany and consummate the enforcement system to constitute an integrated, efficient and authoritative anti-monopoly enforcement system. In the process of future enforcement, we should draw the legislation lesson from Germany, especially should elaborate the procedural rules in the examination of the concentration of undertaking and consummate the corresponding sanction measures and safeguards of the judicial procedures.