Economic And Legal Analysis Of Unilateral Effects In Horizontal Merger

Anti-monopoly law is a highly specialized law, highlighting the useof the method of economic theory and economic analysis, theintroduction and use of the latest achievements in law and economics. Inrecent years, the assessment of the anti-competitive effects of horizontalmergers during the merger review of the anti-monopoly law enforcementagencies in the United States has placed more and more emphasis onunilateral effects during merger analysis in order to assess the influenceof the interests of consumers, as well as competitive impact of thecompetition order. Anti-monopoly law and the relevant enforcing rules ofthe Ministry of Commerce related to the anti-competitive effects of theconcentration of undertakings just offer a rough outline of principles pand general provisions; it is lack of generating more legal certainties. Inthe paper, the author apply comparative studies and case studies method, explore the theory of unilateral effects of horizontal mergers from aspectsof economic theories, legal norms and practice cases, and study basiceconomic theory of unilateral effects, analysis framework, as well aspractical applications. Through studying U.S. law and practice ofunilateral effects, combined with analysis of our own laws and practice,we try to research and discuss how accurate understand and applyunilateral effects analysis. Thus, it is helpful for us to provide usefulsuggestions for our application of unilateral effects in horizontal mergers.