On Our Operators Focus On Anti-monopoly Review Process Perfect

Concentration of undertakings means one undertaking becomes the controlling person of other undertakings or acquires decisive influence on the other undertakings by the way of merger, buying shares or assets,or contracts. It can influence the society positively as a whole and negatively as well. It becomes more and more important for China to establish a concentration of undertakings controlling system. Since antimonopoly examination is the most popular way to control a concentration of undertakings. It becomes a key point for China to constitute an antimonopoly examination procedure with rationality and feasibility. This dissertation is just trying to contribute to the procedure study of our antimonopoly examination procedure construction.This dissertation deeply explored the limitation of the active antimonopoly examination process of our country as well as U.S. by comparative, verbal and case analysis, and then makes suggestions for China in drafting the antimonopoly law.The first part of the dissertation briefly introduced some of the basic questions related to the concentration controlling system; it also gave a brief introduction on the usual ways of concentration control, especially the way of antimonopoly examination.Part II of the dissertation traced the law and regulations of China firstly, and then analyzed the defects of the most important active regulation by analyzing a new case.Part III of the dissertation began with the introduction of the Hart-Scott-Rodino Antimonopoly Improvements Act of 1976. Again, the writer paid more attention to the practice, and gave some details of the insufficiency of the law and regulations in active. In the end of this part, you would know about some of the Improvements to this Improvements Act made by FTC and DOJ.The last part is very important to this dissertation. It put forward the writer's suggestions for drafting the PRC`S anti-monopoly law.The most remarkable features of the dissertation consist of:Firstly, this dissertation focused on the practice of law, such as the case of M&A of SU-POR by SEB and discussed the new challenges emerged from it.Secondly, this dissertation, by tracing the present administration practice, directly reflected the new trends of U.S. in antimonopoly examination procedure on the basis of much primary materials obtained from the websites of relevant executive authority.Thirdly, this dissertation is intended not to double work of introduction on the so-called"foreign advanced system", but to get a comprehensive understanding of the system by taking comparative study of many criticisms.Lastly, this dissertation pays much attention to the present legislation of the PRC`S anti-monopoly law and makes some suggestions to the DRAFT, which may be not feasible but actually sincerely.