Business Combination Of Anti-trust Control

Company consolidation is the key issue of Anti-monopoly Law. It is an urgenttask for Chinese government to promulgate the Anti-monopoly Law in order to regulatecompany consolidation. This article focuses on the issue of company consolidationunder Anti-monopoly Law, which is composed of four parts.The first part gives the legal definition to company consolidation, which includesthe definitions in Company Law and Anti-monopoly Law. Company consolidation inCompany Law includes consolidation with merger and establishment of a new company.Company consolidation refers to two or more companies' merger as a company, themerged company is dismissed and deprived of legal rights afterwards.In the countries whose Anti-monopoly Law is more mature, their definition ofcompany consolidation in Anti-monopoly law include two aspects: first, theconsolidation shall be the one with economic significance and damaging competitions;second, consolidation generally refers to control or association among companies. Thedefinition contains all means of association, which has control effect on the companies.China does not have a single Anti-monopoly Law at the moment. It is unable todefine company consolidation in Anti-monopoly Law. This article stands forhypo-generalized definition, namely refers to one company acquires the control ofanother or several companies, which is consist of consolidation of property rights andshare rights.The second part gives theoretic analysis to the Anti-monopoly Law control oncompany consolidation. It is divided into four parts: basis, value orientation,principles and rules. First chapter discusses the major economic, legal and practice basisof Anti-monopoly law control on company consolidation. Second chapter elaborateson Anti-monopoly law protection of free competition as well as social value of fairness,justice, freedom and efficiency. The major principles comprise selective intervention,efficiency plea and double standards. The rules include virtual and procedures rules.The third part elaborates on the changes in the methods of Anti-monopoly lawcontrol. The contents include changes in the countries, which formerly regulated onAnti-monopoly law control, reason of new development trends and revelation to ourcountry. To formulate the rules on company consolidation will be beneficial to theperfection of our country's market economy.The fourth part proposes legal measures to our country's Anti-monopoly lawcontrol on company consolidation. Multinational consolidation challengesAnti-monopoly law of our country, which is still insufficient. It needs system andnon-system modifications. Since the multinational consolidation brings problems to thecompetition in our country, we need to execute legal measures in order to modify thelegal system on company consolidation. Besides promulgating Anti-monopoly Law, itis more important to bring up the market logos as well as economic freedom anddemocracy.