Business Combination Of Anti-monopoly Control Laws

As indicated by the economic growth of various countries in the world, small and medium-sized enterprises are important part of the market economy, and as the large-sized enterprises, stand on an implacable position in the division system of the national economy. With respect to the proportion of the number of enterprises, small and medium-sized enterprises has a major advantage and is a force that has special effects in the growth of the society's economy. Small and medium-sized enterprises are the source of vigor of the American economy and are referred to as the "stabilizer" of the social stability in Japan. Small and medium-sized enterprises also have very positive effects to China's economic and social growth, which are mainly embodied in the promotion of economic growth, creation of employment opportunities, renovation of technologies, basis for development of large-sized enterprises and expansion of export and other aspects. Therefore, research into how to promote the development of small and medium-sized enterprises has become the focus of both economists and legal experts.Promotion of the development of small and medium-sized enterprises requires the support of various service systems such as the industrial guidance, financial and taxation support, financing services, renovation support and socialized service system, and at the mean time, it also requires a free, fair and competitive market order, and if there is any defect in the competition mechanism, the small and medium-sized enterprises being supported will also be constrained due to compression by the large-sized enterprises. A free and competitive environment is very important for the development of small and medium-sized enterprises. However, a free and competitive market mechanism cannot be perpetually maintained on itself. It is indicated by the practice, the market economy, as a competitive economy, on itself does not have the mechanism to safeguard fair competition. On the contrary, in order to get rid of competition, an enterprise under the pressure of competition always intends to obtain a dominant position to limit competition by way of association and outward expansion. Merger of enterprises is an important method to quickly obtain the dominant position by the enterprise, and unlimited mergers of enterprises may cause many adverse impacts to the development of small and medium-sized enterprises, such as quickly driving the small and medium-sized enterprises out of the sector, increasing the threshold for entering the market for the small and medium-sized enterprises and abusing the advantageous position to threaten the development of small and medium-sized enterprises and etc. Therefore, to control the obsessive merger of enterprises and save certain market shares for the development of small and medium-sized enterprises and safeguard the free and competitive market mechanism under the anti-trust law is critical for promoting the development of small and medium-sized enterprises.After exploring the anti-trust legislations of various countries such as US, Japan and Germany in the comparative way, the author has come to a conclusion that most countries and regions will control the obsessive merger of enterprises by using the anti-trust legislations so as to promote the development of smalland medium-sized enterprises. The following two major aspects are mainly embodied in this thesis: one is to control the mergers amongst large-sized enterprises so as to save certain market shares for small and medium-sized enterprises and to safeguard the free and competitive market order and to indirectly promote the development of small and medium-sized enterprises; the other is to exempt the mergers amongst small and medium-sized enterprises so as to directly protect the interests of small and medium-sized enterprises and promote the development of small and medium-sized enterprises.Based on reference to the legislature experiences of foreign countries, the author analyzes the types of enterprise mergers in the domestic market and...