Research On Anti - Monopoly Regulation Of Business Concentration

It is a normal phenomenon that the concentration of undertakings has been a very important method for the enterprises to grow up and compete under the market economy. There is a trend that the enterprises prefer to improve their competitive strength in the market by merger their competitors rather than internal expansion. The concentration of undertakings would be helpful to integrate the funds, staffs, technologies and distribution channels of different enterprises’ in a relatively short period to expand the scale of the enterprises and improve the production efficiency, so as to strengthen the competitive force in domestic and foreign markets. However, the concentration of undertakings is a double-edged sword. The concentration of undertakings would reduce the amounts of the enterprises in the relevant market, thereby enhance the particular enterprises’ market influence, even help them to gain a market dominant position. As a consequence, the competitions in the market will be weaken. Therefore, in the process of economy development for a country, the complete laws and regulations against the concentration of undertakings could ensure that the improper concentrations would be regulated and thus protect the competitions and market environment. Take the legal practice of anti-monopoly in China for example, it is a trend that the measures of enterprises to conduct concentration of undertakings have been diversified and a lot of new ways such as mergers, acquisitions(share acquisition and asset acquisition included) and protocol controls. The laws and regulations regarding the anti-monopoly of concentration have been more and more important while the amounts of the cases of concentration have been increased, the complexity has been improved and the scope of influence has been expanded. A complete anti-monopoly regulations system will be of great meaning of maintaining the positive market competitions, protecting the rights of citizens and procuring the completeness of the legal system. However, the anti-monopoly legal system still has a certain difference compared to the developed countries’ due to the limitation of the historical issues, the economic development level and legal development level.Anti-monopoly Law has been promulgated for less than seven years and the regulations against the concentration and the culture of anti-monopoly are still at the initial stage. Generally speaking, a lot of problem still exist, especially the review standard against concentration, review program against concentration and the international corporation regarding the anti-monopoly in the cross-board mergers and acquisitions. In the legal practice of concentration of undertakings in China, there are a lot of typical cases. "Coca-Cola vs. Huiyuan(2009)" and "Wal-Mart vs. Yi Haodian(2012)" have launched heated discussions in the domestic and foreign legal theoretical cycle and practice cycle, and the core issues in the cases mentioned above are exactly the core issues about concentration of undertakings regulated by Anti-monopoly Law.