Discussion On The Establishment Of A Business Combination To Monitor The Legal System

From the Sherman Act of the United States in 1890 on, Anti-monopoly law has undergone a history course of 150 years. Currently, more than one hundred countries throughout the world have set up anti-monopoly legal system. Anti-monopoly is proved to be the core measure of using "the tangible hands" to intervene "the intangible hands." To prohibit limiting competition agreement, to controll and supervise enterprise merger and to prohibit abusing the domonant maket position, these are the three core measues of the anti-monopoly law. The legal system that controlls and supervises enterprise merger, as one of the the core measures, plays leading parts in ensuring faire competirion, maitaining market orders, raising ecnomic efficiency and promoting societal developmentIn the context of the integration of global economy and China's accession to WTO, iternetional competition growes keener and keener. Chian's anti-monopoly law should take efficiency as the top value goal and effective competition as its theoretical base, and centers on disciplining international capital monopoly in China's market and public power while disciplining all monopolies. China's legal system for the controll and supervision of enterprise shuold plays its role in preventing the enterprise from forming new total monopoly by merger, in standardization merger action and public power action excercised in merger action, in preventing international capital from driving national industries into bankruptcy and in raising the efficiency of the merger emterprise. It should prevent international capital from monopolizing in China's domestic market and meanwhile promote size economy.in order to acomplish these goals, the influence of enterprise merger should be looked at and proper arrangement should be made. The exception system of the controll and supervision of enterprise merger should be sufficiently applied. When designing the elegant standard for the controll and supervision of enterprise merger, the enterprise gap between the developed countries and China should be utilised.This dissertion constitutes of four chapters: Chapter 1 suggests the effects of the enterprise merger competition law and the significances of the controll and supervision of enterprise merger. It mainly looks at the conception of enterprise merger and its forms of manifestation , both the positive and negative influence of the enterprise merger exerting over the market competition and socioeconomy and the significances of the controll and supervision of enterprise merger. Chapter 2 investigates the basic theories about enterprise merger. It draws the guidences and tools for the controll and supervision of enterprise merger mainly by analysing and investigating the basic theories concering the controll and supervision of enterprise merger. Chapter 3 probes into the standards for the controll and supervision of enterprise merger and the application system for enterprise merger. It explores, borrowing the western countries' experience and facing China's actualties, the nature and the concrete standards for China's controll and supervision of enterprise merger.It also airs the author's oppinions concerning the exception system for China's controll and supervision of enterprise merger...