Concentration Of Business Operators Under The Antimonopoly Law Review Entities Standards

The concentrations of undertakings is the behavior of acquiring control over other undertakings or the power to impose decisive influence on other undertakings by means of (1) merging or purchasing shares or assets, (2) contracts. Since the modern anti-monopoly law system has been established, the regulations for the concentrations of undertakings, without exception, are its core content. The regulations on the concentrations of undertakings consist of two parts: the procedural regulations and the substantial regulations. The substantial regulations primarily concentrate on the prohibition criteria in concentration of undertakings. In this paper, we utilize various methods, comparative analysis, logical analysis, combination of theories and practice, among others, to conduct a deep and systematic analysis on the prohibition criteria in concentration of undertakings in the anti-monopoly law. And we propose our own tentative plan to our nation's prohibition criteria in concentrations of undertakings, starting from our national conditions and a close relation with the recently implemented The Anti-monopoly Law of the People's Republic of China.Besides introduction and conclusion, this paper has 3 chapters:First, we deeply analyze and define the concepts of the concentration of undertakings, compare it with the previous concepts to establish its advanced nature. We also introduced types of the concentration of undertakings briefly. By introducing the possible negative effects of the concentration of undertakings, we established the necessity of reviewing the concentration of undertakings, furthermore extended the meaning of reviewing the concentration of undertakings in order to introduce the entities of reviewing the concentration of undertakings in the following text.In the second part, based on briefly introducing the entities of reviewing the concentration of undertakings by Antimonopoly Law in Germany, USA and European Union, we concluded two types of entities standard which are mainly used nowadays. After comparison and analysis, we concluded that substantial lessening of competition standard should be applied.In the third part, combined related contents in the previous, we defined the entities of reviewing the concentration of undertakings in our Antimonopoly Law. We analyzed the principles of reviewing the concentration of undertakings, important factors in the entities and antitrust exemption and have drawn our own conclusion.