European And American Operators Focus On The Antitrust Review Of Substantive Standards Comparative Study

Nowadays in the process of international economic development,the concentration of enterprises is one of the most important ways to upgrade the industrial structure,restructure the assets,reasonably utilize the resource and promote the market competitiveness for every country.However,the over concentration of enterprises will decrease the number of competitors in the market and change the market structure which may result in the restriction and impairment of effective competition.Most counties in the world regulate the concentration of enterprises through antimonopoly laws and China has also recently promulgated the antimonopoly law of which the regulation of concentration is one important part. However there were no systematic laws regulating concentration of enterprises in China for a long time so that both the laws and experience of the execution of such laws are backward.The United States and the European Union as the world most active area of merger activity, the concentration antitrust review entity standard system is relatively perfect, its outstanding experience and theory is our learning and reference object, especially the United States in the judicial practice, long-term accumulated a lot about the concentration antitrust review of the case, the entity standard judicial precedent is not only the American practice experience summary, also is our antitrust legislation and judicial practice can draw lessons from rich data.However,as to the legal administration of M&A in China,neither the substantive regulation nor the procedural regulation is sophisticate enough to accord with the need of M&A compared with USA or Europe.So,what shall we do?And how did the western countries undertake these problems in the history?What can we learn from their experiences?The purpose of this article is to give the answer.