The Study On The Antitrust Review System Of The Undertakings Concentration

This thesis is composed by three parts. The first part is the preface. introducing the status of the undertakings concentration control legislation in antitrust law system, analyzing the effect of the undertakings concentration control. It makes a brief overview of the impact of the undertakings concentration on competition in the market, analyze the necessity of antitrust review of the concentration between undertakings. In this part, the author also sketches out the legislation about the mergers and acquisitions-related legislation in the EU and the US.The second part is the body, divided into four chapters, a total of 34,000 words. The first chapter, in theory, is a detailed analysis of the meaning and the characteristics of concentration between undertakings, clarifying the relationship between the concentration between undertakings and other relevant concepts. On this basis, we can make an in-depth analysis of antitrust review over the cases and theoretical basis of concentration between undertakings.The second chapter of the body describes the basic system of antitrust review on the concentration between undertakings. First of all, it describes three standards of the antirust review upon concentration between undertakings—"dominant market position"standard ,"seriously impeding effective competition"standard and"substantial decrease of competition"standard ,the pros and cons as well as the application scope are also included. What's more, the convergence of the criteria between the EU and US antitrust review upon undertaking concentration is involved. Secondly, the introduction of legitimate immunity system of undertaking concentration can be read . Finally, it discusses the basic process of antitrust review on the concentration between undertakings.The third chapter of the body describes the factors which should be considered while carrying out antitrust review on the concentration between undertakings. It outlines the method of defining the concept of relevant market, method of measuring market share and market concentration, The potential impact on market competition, market entry, buyer power, economic efficiency and other factors of concentration is also taken into consideration.Chapter IV of the body is the article's innovation points. Firstly, the chapter summarizes the legislation of our country introducing the current system of China's antitrust law. Then, it makes a comment on the case of"Coca-Cola purchase Huiyuan Juice". Through the review of the case , it points out that the antitrust laws of our country should be perfected. Finally, the author elaborates his ideas about the definition of "relevant market", the measuring method of market concentration, the law enforcement body of exercising the right to antitrust review and other issues, he also puts forward some suggestions.The third part is the conclusion of the article. The author re-emphasizes the importance of the system of anti-monopoly review on undertaking concentration, calling on the legislative to improve the relevant anti-monopoly laws of the concentration between undertakings as soon as possible.