W.k.che Concentration Review Of Substantive Standards In Our Country

The concentration of business operators has a long history of near upon a hundred years, which combining with monopoly agreements and abuse of dominant market position composes three uppermost kinds of monopoly behavior. Its position makes it important in anti monopoly law. Along with economic globalization further advance, more and more enterprises mean to become bigger and stronger by mergering. Such behavior should be regarded as the single enterprise management behavior or the exclusion limiting competition, a kind of behavior regulated by anti-monopoly law violations?The judgment standard is more and more important. Essentially, it depends on the concentration of business operators of substantive examination standard. However, our country" antitrust law" on the anti-monopoly law enforcement agency in the examination of the concentration of business operators only made a principle, general provisions. In addition,"antitrust law" carrying out, to domestic enterprise mergers and acquisitions, China’s Ministry of commerce almost release, until the Coca Cola Huiyuan case appears. As our "antitrust law" promulgated and implemented since the first unsuccessful mergers and acquisitions, Coca Cola Huiyuan case make us think deeply. What is the concentration of business operators? Why the concentration of business operators will be affected by the anti-monopoly law constraint? What’s the relationship between the merger, acquisition of enterprises and it? What’s the role the substantive examination standard playing? The author will take Coca Cola Huiyuan a case as the angle of view, introduce China’s anti-monopoly law operators mergering substantive examination system and the present situation in detail, and pull out our operators mergering substantive examination system problems and corresponding measures.