Research On Efficiency Defense System Of Anti-monopoly Regulation

Concentration of operators brings efficiency and the possibility of impedingcompetition at the same time, so the claims of efficiency posted by the partiesenterprises need to be weighed against the anti-competitive effect. The partiesthrough the use of efficient defense system may prove that the effect of centralizedefficiency is enough to offset or exceed the anti-competitive effects. Based on theabove proof, concentration of operators may be approved.Through the collating and summarization of the basic research of the efficiencydefense system: under the anti-monopoly perspective, the definition of efficiencyembodies economic freedom, economic democracy and the protection of the interestsof consumers. The main types of efficiency under the anti-monopoly are productionefficiency, allocative efficiency, dynamic efficiency and other efficiencies. The maintypes of efficiency defense system models are integrated analysis model, offsetanalysis model and mixed analysis model.Through the comparative law research and case studies on the application of thestandards and conditions of efficiency defense system, the may types of applicationstandards are the price standard, consumer welfare standard, the total surplus standardand the weight balance standard and the may types of application conditions areefficiency specific to concentration, the timeliness of the efficiency, the verifiability ofthe efficiency and whether the efficiency defense system is applied in the situation of monopolized of near monopoly.From China’s legislative provisions,“Interim Provisions of the Foreign InvestorMerge Domestic Enterprise” and “Anti-monopoly Law” already contain factors ofefficiency defense. In order to promote the efficiency defense system to serveChina’s economic and competitive cultural construction, further improvement ofrelated substantive and procedure regulations are needed. It is recommended that,according to the specific national conditions, application standards and conditionsshall be established, efficiency types shall be expanded, the conditions of publicinterest immunity shall be specified, the bankrupt enterprise defense system shall becarefully applied and the logic analytical framework of efficiency defense systemshall be formed. It is recommended that, according to the specific nationalconditions, standard of proof and method of proof shall be established, shall beadopted and professional knowledge shall be introduced.