Anti-monopoly Regulation, On The Concentration Of Business Operators

Enterprise concentration is a kind of economic phenomenon, which following the development of competition in market. Because concentration brings competition both positive and negative effects, many nations regulate concentration according to Antimonopoly Law in order to limit the negative effects. In our country, we lack Antimonopoly Law to regulate concentration between enterprises, which make competitive order of our country in a disadvantageous position, especially under globalization. This thesis analyzing the concept of enterprise concentration, introducing the basis of regulation on enterprise concentration by Antimonopoly Law, discussing the detail of legal system which regulates enterprise concentration, which provides suggestion to Chinese legislation on Antimonopoly Law.The dissertation develops this thesis in four parts. The first part of this thesis analyzes the concept of enterprise concentration, the development of competition theory and the relationship between enterprise concentration and competition. From this analysis, we know that it is necessary to regulate enterprise concentration by Antimonopoly Law. The second part of this thesis researches on the basis of regulation on enterprise concentration by Antimonopoly Law. We should know that the basis contains economic theory and legal theory, although emphatically analyzing the theories of "the Harvard school", "the Chicago school" and New Industrial Economics. The third part of this thesis compares legislation on regulating enterprise concentration of several foreign countries, and finds similarities and differences to make clear the development direct of Antimonopoly Law. Organization being used to implement Antimonopoly Law must be independent, fair, authoritative, specialized and effectual. Prior notification of concentration system mainly includes return obligator, return standards, return contents and investigative term. Nowadays, the standard used by EU to judge enterprise concentration being legal or illegal is more similar with that of the United States of America. The starting point in any type of competition analysis is the definition of the "relevant" market. Both of them adopt "SSNIP" to define the "relevant" market, "Herfindahl-Hirschman Index" to measure concentration and "Substantial Lessening of Competition" to decide whether to allow concentration. Under some conditions, it is necessary to allow concentration bringing anticompetitive effect, which is a result of the development of Antimonopoly Law. In the context of globalization, the issue of extraterritoriality would arise if the enterprise concentration in one country had an anticompetitive effect in another country which the latter considered to be in violation of its Antimonopoly Law. International cooperation is a useful way to harmonize conflict from extraterritoriality of Antimonopoly Law. The last part of this thesis offers some suggestion to regulate concentration by Antimonopoly Law in our country. When we regulate concentration, we should pay attention to the effect from globalization, the application of economics, the conflict between Industry Policy and Antimonopoly Law, the reduction of uncertainty of Antimonopoly Law. According to foreign referential experiences and actualities of our country, this thesis provides some suggestions to set up and perfect regulation on concentration by Antimonopoly Law in our country.