Research On Review Of Concentration Criteria For Operators

It is an important content of the anti-monopoly laws to regulate Concentration of Undertaking in each country. The Anti-monopoly law of the People’s Republic of China had been promulgated in China in August30,2007, and the concentration regulation is one of core contents. The concentration review criteria are the foundation and criterion by which the censor determines whether a concentration case can be approved or not, also it is the basis of the concentration censorship. Purpose lies in writing:Through discussing the theoretical frame work and law generation of concentration review criteria, analyzing the development trend of it, the writer will evaluate and analyze the rules of our country’s concentration review criteria, then proposes the corresponding measures to improve censorship, to make due contribution to the antitrust legislation in China.In this paper the author make use of many methods, such as case analysis method, the diagram analysis method, comparative analysis, some cases economic analysis method. By these means, the writer analyzes the concentration review criteria in detail, at home and abroad, highlights the defects and deficiencies of the domestic concentration review criteria, and point out that to perfect the review criteria needs fully use foreign legislative experience.This article is divided into four parts. The main content can be summarized as follows:Part one:Law generation about the concentration review criteria. Primarily, give the definition about concentration of undertaking and the regulation about it. Secondly, analyze the law generation of each parts concentration review criteria contained, which prepare the theoretical basis for the research.Part two:The trend of the development of the concentration review criteria:Taking the development of legislation bout European and America for example. We can summarize the development trend of concentration review criteria based on analysis of review criteria and factors transition in European and America.Part three:The problem of review of concentration criteria for operators in China. Firstly, draw a conclusion that problems are exist in concentration review criteria in China based on analysis of cases conditional approved and rejected by Commerce Department since China’s Anti-monopoly Law enforced. Secondly, analyze problem about key issues review criteria included in legislation and practice.Part four:How to complete review of concentration criteria for operators.Firstly, put forward the legislative concept in establishing review criteria, such concept is to protect competition and improve economic efficiency. Secondly, offer a proposal of review of concentration criteria for operators from the legislation perspective. Lastly, in specific regulations of review criteria, we can reference "SSNIP" method to definite relevant market, use index "HHI" and "CHR4"to identify the market concentration.