Some Legal Problems On Enterprise Merger Control In China

Although monopoly is the opposite of the competition,it is also the result of the competition. That is to say,as long as competition exists,monopoly could be produced. Therefore,for maintaining the activity of the market-oriented economy,and promoting competition,the competition should be protected and the monopoly should be prevented,which is the duty of the government .It is based on the preceding theory that the Rules on Anti-monopoly of the Western developed country are enacted. Although in recent years to protect consumers 'rights and interests is being the new assignment or the Rules on Anti-monopoly,to prevent competition from monopoly is still the key of the Rules on Anti-monopoly. We should use these experiences for reference to make the legal system of protecting and promoting competition,when we construct socialist market-oriented economy,especially to make the legal system of Anti-monopoly which is could "the constitution of economy".The goal of the Rules on controlling over enterprise mergence,which are also one of the inherent part of the Rules on Anti-monopoly,is to keeps on make a competitive market structure. That is,there is competition in market to preserve the vitality of the market competition. It is not denied that there is the fact that control over and prohibiting enterprise mergence do harm to the competition in fact and bring about the scale of enterprise being restricted. Someone provides that Anti-monopoly is in-born enemy to large-scale enterprise,and controlling over enterprise mergence would impede an enterprise to extend and take effect on large-scale economy In fact,the aim of the Rules on Anti-monopoly limiting enterprise mergence doesn't lie in confining the scale of an enterprise separately but in protecting the competition of market .As the Rules on Anti-monopoly is not against all enterprise mergence and market share is not the only standard of reviewing enterprise mergence,controlling over its scale in just competition. With the development of the economy,and the expanding of the market,the scale of an enterprise which the Rules on Anti-monopoly can hold would become larger and larger .At the mean time,Rules on Anti-monopoly also has effect of promoting enterprise mergence,because Rules on Anti-monopoly restrains enterprise collusion .If an enterprise is merged,it would be not the object of the enterprise collusion. During the process of our promoting enterprise reorganization and enterprise mergence and developing large-scale economy,two pieces of mistake idea should be overcome,the first is that the scale of an enterprise is the large-scale economy;he second is that the scale of an enterprise is competition ability.