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Vertical Merger Antitrust Review Of The Standard Substance

Posted on:2012-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:L RenFull Text:PDF
GTID:2216330338959547Subject:Law
Abstract/Summary:PDF Full Text Request
Business combination is a common market economy and important events. Since the market merger may have an important impact the competitive structure may lead to the creation or strengthening of monopolies, most countries in the world of corporate mergers in Anti be regulated. Vertical integration is an important form of business combination of the three, one only has the produce or enhance their market power resulting in a decreased negative effects of competition, but also has to improve the economic efficiency of enterprises and increase the positive impact of consumer interests. In China, due to the application of antitrust regulation of mergers just beginning, so for the business combination of vertical integration also need to pay more attention to domestic scholars. Antitrust in the study of vertical integration, the real standard of review is the core problem. Through collection of vertical integration in Europe and the U.S. antitrust experience in research and practice in the proposed vertical integration in China trying to build substantive standard of review's recommendations and the State Grid Corporation in the merger case of high level group to apply the standards to assess the The standards are feasible.This article is divided into four parts.The first part is a case description. An overview of the State Grid Corporation of the basic combined high level group and its focus of controversy.The second part is a vertical merger antitrust review of the standard of real. I first study the vertical integration of U.S. antitrust substantive standard of review, followed by the vertical integration of the EU's antitrust substantive standard of review, and analysis of the substantive examination of the existing standards of business combinations defects, and finally proposed to build the vertical integration of anti-monopoly substantive standard of review recommendations. The third part is the application of vertical integration concept author substantive review standard antitrust analysis of the case is divided into the following six parts:(A) defining the relevant market. Through analysis, the author circuit breaker, disconnecting switch, GIS were identified as three related markets. (B) to determine the combined entity's market power. HHI method by the author to determine high level group dominant in the GIS market, while the State Grid Corporation in the three categories of products are dominant on the relevant market.(C) identify the merged entity will blockade the market. The author demonstrates two aspects of the State Grid Corporation merged with the blockade of the market will. (D) Analysis of anti-competitive effects of vertical integration. The author analyzes the relevant enterprises of this merger on the short-and long-term anti-competitive effects. (E) Whether the efficiency of mergers defense elements.I come to this behavior does not meet the efficiency of combined elements of the conclusions of the defense. (F) conclusions. Analysis of the above five steps, I believe that this should not be exempted mergers.The fourth part is the conclusion of the study. The author briefly summarizes the results achieved and the lack of research.
Keywords/Search Tags:vertical integration, substantive review standards, efficiency defense
PDF Full Text Request
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