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The Comparative Research Of Review Procedure Of Anti-monopoly About Enterprise Merger

Posted on:2014-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:T T SongFull Text:PDF
GTID:2256330422453963Subject:Law
Abstract/Summary:PDF Full Text Request
As the core issue of the law about anti-monopoly has been studied by countriesall over the world. With the rapid development of market economy, China has to facethe same problem,the problem of anti-monopoly. And we also need the proceduralsupport in law, that’s because there are too much incarnate law in our antitrustlaw,and it can’t satisfy the need of law enforcement flexibility. Although China waspromulgated a new "anti-monopoly law" in2007,and in the chapter four,theantitrust scrutiny of company merger has been ruled in the name of “concentration ofbusiness”, and it provide guidance to anti-monopoly of business combination inChina, at the same time it enrich the contents of the "economic constitution".while,we have to admit the face that Chinese antitrust procedures regulatory system is stillimperfect at present.As we all know,the scholars in our country concentrate theirattention to incarnate law,ignore the law about procedures,that’s the reason that i willstudy from the procedural law about anti-monopoly.Because my limited academicability,this paper mainly uses the method of comparative analysis,give some facileanalysis of the business combination antitrust review process, as well as theappropriate use of the method of logical analysis and theoretical analysis. Todiscover the problem exist in our corporate merger antitrust review process,suggestsome solutions.This thesis will start from the basic theory of antitrust review process ofenterprise merger, then make a comparison of Europe、 the United States and ourown country. Then propose some ideas and insights about the review procedures ofbusiness combinations’ anti-monopoly. Specifically, this article is divided into forthchapters. The contents are as follows:The frist chapter “The concept of enterprise merger and the classification” firstof all from the angle of general sense and anti-monopoly level to explain theconception of enterprise merger; then, from the angles of law and economic to classify the form of business combination.The second chapter “Theoretical analysis of anti-monopoly review proceduresof enterprise merger” This part discusses the theory foundation of enterprise mergerin anti-monopoly review system and the necessity and the inevitability of enterprisemerger antitrust review procedure, obtain the meaning and value of anti-monopolyreview system.The third chapter “Comparative study on antimonopoly review of enterprisemerger procedures” Study from the reporting procedures system, review proceduressystem, the examination hearing system and relief system.Combination withEuropean Union and the United States is the key part.The forth chapter is "Perfection of China merger antitrust review process" Givesome suggestions to Chinese enterprises merger antitrust review process.
Keywords/Search Tags:enterprise merger, anti-monopoly review, procedure comparative study
PDF Full Text Request
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