The Horizontal Merger Antitrust Regulation,

Market economy' s environment of competition needs the country to carry on the macroeconomic regulation and control from each kind of angle, and the Anti-trust law guarantees one of the important tools of market competition mechanism. At present, some industry in our country has already presented the situation which is exceeding concentration, and in these industry some enterprises also have further concentrated tendency. In front of the such situation, our country promulgates "Anti-trust law" in August 30, 2007, which enables the business concentrated behavior which is a suspect to monopolize to have the rules and regulations legal basis. The business concentrated has three kinds, what but is easiest to create the monopoly is the lateral merge. Because so-called "the lateral merge" is refers to produces either the sales identical type product or provides the homogeneous service to be in mutually between the competition enterprise's merge. As far as the economic development, such merge is generally advantageous. But when it develops to certain stage, it will present the limit competition the negative result, sometimes even has harmed the market economy system itself. This is also various countries to the enterprise lateral merge which is a suspect to monopolize carries on the rules and regulations the validity basis. Concretely to present stage China, the enterprise lateral merge rules and regulations' legal regime also has its unique value. Comprehensive survey US, German, European Economic Community, Japanese four countries and region counter-monopoly legislation as well as execution of the law history, has a more profound theory regarding the business concentrated rules and regulations domain' s numerous questions, and these experiences will be worth China studying in the present business concentrated rules and regulations operation use for reference. And, those who most are worth our country paying attention, various countries (area) in follows the business concentrated counter-monopoly rules and regulations basic principle in the foundation, unifies the national condition which our country economic society develops, went out respectively the unique path. Obviously in the economic legislation domain, the study uses for reference is necessary, but imitates other country the law also not to be possible completely to take. Because our country' s Anti-trust law initially stands, many articles are also only the superficial stipulations, also many needs to consummate the place in the concrete operations. Regarding the enterprise lateral merge' s in related market limits are the merge rules and regulations first pass are also the following analysis foundation, the enterprise lateral merge rules and regulations substantive appraisal judge the case whether needs to regulate most important substantive standard, but the enterprise lateral merge rules and regulations exemption also has the very important status as the merge rules and regulations' last defense line. Therefore, may draw such conclusion, although our country had already formulated the Anti-trust law, but on the enterprise lateral merge rules and regulations' question, in the legislation also has the numerous blanks. Specially involves to the concrete case appraisal question, is requests our country to unify in other various countries historic experience' s foundation, goes out suits our country market economy system development the path.