| Competition possesses the essential characteristic of a market economy and the purpose of antitrust law is to oppose monopolies, or restrictions on competition. It is stated that a planned economy does not need antitrust law while a market economy cannot work without one, which shows that antitrust law guarantees fully-competitive conditions in a market, thus of great importance for a market economy.Concentration of business operators to some extent can promote competition in the market, but it is also a double-edged sword.This paper is of four chapters, as following:The first chapter introduces the concept of operators. First of all, it is introduced from Chinese legal perspective, basing on the different periods of before and after the Antitrust Law in China. Secondly, it is introduced from the western perspective, presenting the variety on the definition of different countries.Chapter two focuses on the general theory of concentration of business operators.This chapter is subdivided into three sections. The first section, starting from the concept, introduces the definition of concentration of business operators intensively and extensively. The second section describes three different ways of classifying this concept from a theoretical perspective, and elaborates the characteristics of each of them. The third section mainly focuses on the actual status of the legislation instead of the theoretical views, by analyzing statutory behaviors of concentration of business operators. The author also provides his own opinion on imperfections and uncertainties of laws mentioned in this chapter. The third chapter describes the declarations of concentration of business operators and focuses on procedures. The first section introduces three major declaration procedures applied in different circumstance, which is prior declaration, after-event declaration and voluntary declaration. It also mentions disadvantages of after-event declaration prevailing in Republic of Korea. The second section introduces standards of concentration of business operators. The common standard adopted worldwide is introduced at first, and then each standard one by one. The author provides his opinion regarding the pros and cons of each standard. At the last part of second section, the characteristics of declaration standards of concentration of business operators in Chinese Antitrust Law and its variation tendencies is discussed, and the author also provides his opinions regarding the pros and cons of characteristics and variation tendencies in different period. The third section introduces the waiver of declaration of concentration of business operators and, using a comparative method, it also discusses the differences between the common practices worldwide and the practice in Republic of Korea.The forth chapter describes the censorship of manager in Chinese Antitrust Law. The point of this chapter is how to supervise concentration of undertakings.The author provides his opinion regarding the advantage and the lacks in Chinese Antitrust Law and in Korean Antitrust Law. The author hope that China and the Korea will be good to use both sides of the Antitrust Law, the two sides of the market economy can be vibrant development. |
