Research On The Review Procedure System About Concentration Of Undertakings

Antitrust law originated from American, was called "constitution of economy" by American jurists, fro we can see its importance on keeping the order of market economy. Concentration of undertakings has been one of the three main regulation scopes in Antitrust law as they can unnaturally increase the market concentration and may restrict or exclude market competition.Centralized review of undertakings not only involves a series of economic theories, but also involves the coordination between national industrial policy and the competition policy. Therefore, the substantive law could not make detailed provisions of it, such the review procedure system become especially important.The review procedure laws about concentration of undertakings mainly include the declaration system, the review mechanism, the judicial relief system and conciliatory system. The implementation of our country’s "Antimonopoly law" in2008, and some successive guides promulgated by The Ministry of Commerce, has gradually improved the substantive review procedure laws about concentration of undertakings. However, there still exists deficiencies on it. On the whole, the deficiencies exist in three aspects:firstly, the publicity of procedure is imperfect; secondly, the procedural rights protection system of parties is inadequate; finally, the relief system is difficult to achieve its purpose. These directly affect the implementation of entity system, bring law enforcement agencies into the predicament of law applying, also will make the public hard to trust the entity results.The improvement of the review procedure system about concentration of undertakings should starts from the following aspects:first, enhance the public transparency of review procedure; next, strengthen the procedural rights protection system of parties; last, the judicature carries out the examination on rationality of administrative acts.