The Substantive Criteria Of The Anti-trust Monitoring Business Combination

Anti-monopoly law is know as "Magna Carat of the free enterprises", "Economic Constitution" . The regulating of enterprise merger is a major pillar of anti-monopoly law which contains three rules in abusing markets dominant status, forbidding competition agreement, and regulating of enterprise merger. The tide of economic globalization makes the new round of enterprise merge much exceed the scope and scale of previous. It's no doubt that it will make strong impact on China which entry into WTO and will change the markets fundamentally. The regulating institution of enterprise merger always comprises procedural law and substantial law, which chief content is substantial criterion of regulating of enterprise merger. In view of this, the author selects the thesis as the title of substantial criterion of regulating of enterprise merger in anti-monopoly law. In this thesis, the author adopts several methods such as historical inspection, comparative analysis, logical analysis and theory with practice. Then, the author studies and discusses deeply, systematically and fully on substantial criterion of regulating of enterprise merger in anti-monopoly law. Consequently, according to our state situation, the author proposes legislative opinions on regulating of enterprise merger in China anti-monopoly law and its substantial criterion, and wish for the benefit of China anti-monopoly law finally.There are 4 chapters in this thesis, the content sets forth as follow:In the first chapter, the author ordinal analyses and discusses the concept of enterprise merger, relative vocabularies, and merge types. Firstly, the author distinguishes the wide and narrow comprehension of the concept of enterprise merger, and compares with several confused concepts such as enterprise M&A and enterprise concentration, and defines the concept of enterprise merger in anti-monopoly law on the basis of this analyze. Secondly, according to the economic relationship of enterprise merger, the author classifies merge into three sorts, horizontal merge, vertical merge and conglomerate merge, and analyses the attitude towards regulating of enterprise merger, which be strictest towards horizontal merge, and be moderate towards vertical merge and conglomerate merge.In the second chapter, the author summaries the common tendency of regulating on enterprise merge in anti-monopoly law in the leading development counties whichon the basis of inspecting and studying the legislation and judicial practice in anti-monopoly laws of USA, Germany, EC and Japan, the common sets forth as follow: firstly, each country has censorship which anti-monopoly supervisory authority can regulate enterprise merger in advance; secondly, each country is strict towards horizontal merge; thirdly, there is a tendency of adopting structuralism and behaviorism on regulating of enterprise merger in each country's anti-monopoly law.In the third chapter, the author discusses the substantial criterion of regulating of enterprise merger in anti-monopoly law, its judge elements, exemption. Firstly, the author thinks that the criterion of regulating of enterprise merger in anti-monopoly law comprises the substantial criterion and exemption. Secondly, the author summaries the substantial criterion which is generating or strengthening markets dominate status and seriously injuring effective competition, and should approve enterprise merger which has legal exemption. Finally, the author puts emphasis on how judge the substantial criterion and discusses its elements which can strengthen its operational practice.In the forth chapter, the author discusses the situation of enterprise merger, legislation and the substantial criterion of regulating of enterprise merger and also exemption in anti-monopoly law. At present, for foreign investments more and more enjoy merger, China anti-monopoly law should emphasize and make balance between upgrading the domestic enterprise and introducing foreign investment on regulating of enterprise merger. In view of this situation, when construct the regulation institution...