Regulation Of Eu Competition Law On Enterprises To Focus On Program And Its Reference

This article takes the view that concentrations between undertakings need to be regulated by the competition law, and mostly realizes through the prior and structural ways. Through to introduction on the EC Merger Control Regulation and legal draft on Chinese Antimonopoly Law correlation stipulations, this article discusses the European Union advanced experience to our country's model significance.The first part talks about general theories of legal regulations on concentration. When the undertakings through the merge, the purchase stock or property, signs the agreement forms the control relations, all regarded as causes the concentrations. Because the certain scale concentrations both have the positive role to realize economies of scale, promote economy development, and have the negative effect to form the monopoly, harm competition, therefore need the competition law to perform the rules and regulations. The competition law devotes in the foundation and the maintenance the market competition order and the effective market competition structure, heavily emphasize on the government to the undertakings, specially big undertakings' surveillance management, therefore comes the regulations by the competition law to the monopoly concentration is possibly inevitable. On the other hand, although the antimonopoly law legislation orientation already moved towards the loose behaviorism from the strict structuralism, but the law on the control of concentrations was still the typical structuralism.The second part introduces in detail the procedure rules of EC Merger Control Regulation. The Regulation explicitly stipulated the prior notification system. Concentrations with a Community dimension shall be notified to the Commission prior to their implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest. In the Commission's experience the pre-notification phase of the procedure is an important part of the whole review process. Pre-notification contacts provide Commission and the notifying parties with the possibility, prior to notification, to discuss jurisdiction and other legal issues. The Commission shall examine the...