Joint Venture Antitrust Regulation

In order to improve the international competitiveness of Chinese enterprises in the economic globalization, the establishment of a joint venture is undoubtedly an efficient way for an enterprise to achieve its external expansion. But due to the inherent dual nature of joint ventures, that is, it is a double-edged sword that simultaneously increase efficiency and suppress competition. From the complexity of joint venture, we know the diversity of the anti-trust law.Firstly, this thesis gives a brief introduction of the basic concept of joint ventures referred to in the anti-trust law. Its concept has two means: the establishment of a joint venture and the joint venture. Through comparison with other relevant concepts, the definition of joint ventures is further clarified. From the hazard to the competitive order caused by the joint venture, we know the connotation of the joint venture in the anti-trust law more deeply. This paragraph demonstrates the independence of joint venture in the theory and the necessity of regulation of the joint venture.Secondly, this paragraph describes the impaction to competition of the joint venture. The impaction has dual characters that, on the one hand, they may produce positive economic benefits; on the other hand, they give rise to the danger of eliminating competition. So the joint venture hasthe reason of being and also has the reason of being regulated. This paragraph emphasizes two different hazards to competition and answers why to regulate the joint venture.Thirdly, this paragraph lays the theoretical foundation for the regulation of the joint venture. From the diversity of joint venture, we summary two ways of joint venture regulation. There are some conditions for joint ventures. If the joint ventures satisfy the conditions, they will be regulated according to the way of merger regulation or the way of anticompetitive agreement regulation. This paragraph extends the meaning of above paragraph and inspires the significance of below paragraph. At the same time, it pointed out the joint ventures could exempt from the anti-trust law. Fourthly, this paragraph describes the regulation of joint ventures in the competition law of European Union and in the anti-trust law of USA. In order to know the system of regulation clearer, we may learn from the experiences of other countries. According to the above paragraph, this section describes the experiences of European Union in detail because of the same tradition of law with our country. The experiences include some factors in the law and in the facts that joint ventures must satisfy. The experiences of USA are only simply described. Another, the exemption system is also described.At last, this section is very important. It describes the regulation of joint ventures in china. This paragraph reviews the history of joint ventures, points out some related requirements in our law and some other advices with our anti-monopoly law. After the analysis of the conditions in our country and the contrast of the experiences in different countries, this paragraph describes how to determine the purposes and principles of the regulation of joint ventures in our law. Then it describes how to regulate the joint ventures in our country in detail. Through this paragraph, we know that system in china clearer.In all above, this paragraph study the system of how to regulate the joint venture. It is certain that the thesis will be helpful for the regulation of joint venture in china.