On The Business Combination Anti-trust Regulation

It is broadly recognized that Market-economy became the dominant economy in 20century, which is featured by that all parties got involved in are governed and adjustedby the Value Rules. When these Rules push the development of world economy on theone hand, they also develop side-effect-monopoly and concentration on the other hand.Although it is only on its initial stage of market-economy, China is facing much morepressure to take precautions against the emergence of monopoly and excessiveconcentration currently and in the future, which is highly necessary to restore a faircompetition and a stable market order to the effect that a healthy and boomed Chineseeconomy could be maintained.This dissertation will develop round the core value of anti-trust law namely"regulating the merger of enterprises", trying to establish rules and regulations that maybe suitable to Chinese practice. In chapter one, the author tries to develop a set ofgeneral principles on theoretical model of enterprises' merger by showing the generallegal feature of such merger, comparing the limitation result incurred by different kindsof merger and doing proper study on the western legislative practice. Chapter two willprovide the author's suggestion about the ideal regulating model, which shall coincidewith the current size, state and international competitiveness of China and is based onthe two cornerstone theories as Construct-control and Conduct-control. Chapter three,through proper analysis, will focus on the principle of substantive control and set up thestandard making it feasible to distinguish legal from illegal conduct. Then Chapter fourwill turn to discussion on procedural control in offshore and onshore China. The issue ofimmunity will be discussed within Chapter five where four measures as Bankruptprinciple, integral economy vs public interest, improvement competition condition andinternational competitiveness will be taken in serving the Chinese anti-trust legislativespirit and the integrity of overall value. Finally, a brief conclusion will subsequently beconducted to summarize the key ideals of this dissertation.