Enterprises To Focus On The Regulation Of A Number Of Issues

The control of enterprises concentration which restraining competition has always been one of the focal points of antimonopoly law, and it has always been a fuzzy and debating endlessly field. Enterprises concentration as a effective means of increasing economic has been extremely important in promoting the development of one country's economy. But at social angel, enterprises concentration has some limitation. After enterprises concentration, it controls the specific market, results in monopolization, squeezes other operators, limits the competition, and then is harmful to interests of consumer, causes the moribund and stagnation of production and technology, and brings the negative effect to market economy. With the internationalization and globalization of the economy, it becomes a trends that enterprises concentration in the market economy country. It puts forward a lot of new subjects to the control of enterprise concentrate. How to adjust and perfect the policy of national enterprise concentration increasingly becomes new focus in the field of studying law. The writer attempts to make a deep researching on the summary of enterprises concentrate, the analysis of necessity of regulating enterprises concentration, the policy of regulation of enterprises concentration, the legislative practice of regulating enterprises concentration of other countries, the summary of enterprises concentration in our country and the assumption about regulation of enterprise concentration of our country.Part one: The summary of enterprises concentration.Through the analysis and research of the concept and the range of enterprises concentration, the type of enterprises concentration, and dual character influence of enterprises concentration, the writer considers the essential characteristic of enterprises concentration is unanimous though the description of definition is difference in various countries. It will form the integration between enterprises of a certain degree, and form a kind of new institutional framework relation between controlled and controlling after enterprises merging. The horizontal concentration is a focal point of regulating enterprises concentration, and it takes to be relatively tolerant to the vertical concentration and the conglomerate concentration. Enterprises concentration can realize large-scale production but maybe result inmonopolization.Part two: The analysis of necessity of regulating enterprises concentration. The writer analyses the necessity of regulating enterprises concentration from the point of the economy, competition, and the economic democratization.Part three: The policy of regulation of enterprises concentration. Structure doctrine and behavioral doctrine are two policies of regulating enterprises concentration. Compared structure doctrine with behavioral doctrine, structure doctrine attempts to interfere in enterprises concentration from the upper, and prevents the behavior limiting competition. And behavioral doctrine attempts to interfere in the abuse behavior of dominant enterprises from the low, prevents controlling enterprises and doing harm to competition mechanism.Part four: The legislative practice of regulating enterprises concentration of other countries. The legislative attitude to regulating enterprises concentration has become tolerant, through the analysis of the legislative summary, the standard, the legislative system, the exemption system and the developing trend of regulating enterprises concentration of U.S.A., Germany and Japan.Part five: The writer has explicated the background, the summary of enterprises concentration in our country at present and the necessity of legislation in anti-monopoly of our country;Part six: The assumption of regulating enterprises concentration of our country. Under the background of entering WTO in our country, the tide of global enterprises concentration has a profound impact on economy of China. But it is not perfect of our game rule. In the condition of studying the theory and the foundation system of western countries as soon as possible and considering the actual conditions of China, we should set up the legal system of regulating enterprises concentration which keeps pace with international level. The writer has put forward the legislative suggestion from the respects of principle, entity and procedure and has researched the exemption system of regulating concentration and the factor considered mainly.