The Research On Defenses For Concentration Of Undertakings By Anti-trust Law

Concentration of undertakings is of great importance to Anti-Trust Law. In real world,concentration of undertakings is bound by review standards on its impact for anti-trust. It’sby law all over the world that the interested party of concentration of undertakings shouldreport to authorities for its activities; the final approval of such is subject to set criteria. Theauthorities shall evaluate the concentration of undertakings based on competition analysis,economic benefits and social impacts. Thus, the interested party of concentration ofundertakings is entitled to certain defense rights, which shall enable it to prove theconcentration itself will result in more benefits to obtain authorities approval. This paperfocuses on elaborating efficiency defense system and failing firm defense system. Byanalyzing the2systems, this paper shall develop to review how to adopt them in practice.Anti-Trust laws and regulations were introduced to China just decades time. Thoughdefined in our laws, yet the supporting systems not fully established for the laws to beimplemented. The old way of thinking and poor enforcement environment also dampens thepossibilities of proper implementation in practice. It’s believed the introduction ofefficiency defense system and failing firm defense system shall not only enrich China’sAnti-Trust Law but also propel the sustainable transformation of socialism market economy.By doing so, we shall learn the experience and merits of foreign laws with the considerationof China’s current law status. China’s Anti-Trust Law shall focus on refining the principalregulations and structuring the balance between foreign experience and China’s ownsituation, thus to establish China’s own anti-trust defense system.