Concentration Substantial Examination System Research

As the core of the concentration control system, the concentration substantial examination system not only relates to the concentration of competition evaluation, but also relates to the definition of relevant market and the contradictory elements of the concentration, so as to accurately measure whether a concentration has influence the effect of market competition, whether a concentration should be banned by the anti-monopoly enforcement authority. And to our country current the substantive concentration examination, the anti-monopoly law enacted in2008, it has a definite stipulation in law. And2009"guide on relevant market definition" and2011" about the interim of evaluating the impact of competition concentration" provide a regulation the related elements of substantive concentration examination; and promote to judge the enforcement of relevant factors in the practice. But only in the context of the rules, it not only exists the defect of relevant basic control standard range and there is substantial examination related to concentration elements shall not clear, which needs to be improved in the future development. Thus, the thesis in order to the concentration substantial examination system for the research subject, in line with the aim of promoting the perfection of concentration substantial examination system, mainly from the following aspects of the analysis:Firstly, the thesis, based on the opening lead concentration substantial examination system, elaborates the basic theory for its research, so as to lay a foundation for later related problem analysis. Specifically, we will be from the concentration and concentration substantial examination system themselves, analyzing the concentration of their formulas, and clearing understand of the scholar.Second, the concentration substantial examination system as the key of the concentration control system, is multifarious, needing us to carry on the concrete analysis. Thesis bases on the above of theoretical analysis, from the concentration examination as to substance of the relevant considerations, to analyze the basic judgment. Specifically, first of all, from the perspective of the definition of relevant market, the writer puts forward to the relevant product market and the relevant geographic market which should consider the elements, and analyzing of the SSNIP. At the same time, the concentration of competition evaluation as the key part of concentration essence of censorship, the determination of mainly includes the following elements:market share, market power, market concentration, market barriers to entry. The defense of concentration substantial examination system as the supplement review assessment, mainly including concentration efficiency, enterprise bankruptcy, consumers and social public interests.Again, European and American countries as a representative of the modern anti-monopoly law development, their systems are complete doubly. On the basis of the above analysis, the article will be destruct "Substantial Reduce Competition standard" in the United States and the European Union’s " seriously impede effective competition standard", putting forward to the differences between them and place worth our using for reference.Finally,"Coca-Cola acquisition of Hui Yuan", as a typical case t in our country of concentration control system development, promotes the development of the concentration control systems of our country. The article make a brief statement to the case, analysis of concentration essence examination system in China, reveals one of the problems, such as basic control standard scope is not clear, suggest the improvement of the concentration substantial examination system, Namely, we should be in reference to China’s basic national conditions, draw lessons from the United States "materially reduce competition standards", to improve the relevant system in our country, especially the concentration of essential factor to perfect.