Our Country Enterprise Mergers And Acquisitions Antitrust Review System Research

Positive merger and acquisition activity, have adjust production, optimize theallocation of resources, the enhancement enterprise strength and competitiveness,promote social and economic progress. In today’s world of economic globalizationand integration environment, enterprise mergers and acquisitions become enterprisesrealize the rapid accumulation of capital, scale rapid expansion of important ways, atthe same time to promote technological and economic efficiency by leaps andbounds, the effective ways to improve enterprise strength and internationalcompetitiveness. But due to the enterprise economic power is too concentrated, formthe monopoly, to limit, circumvent, or rule out the effective market competition, themarket allocation of resources is not reasonable, directly or indirectly harm thelegitimate interests of consumers and a series of negative effects. So to achieve acertain scale of enterprise merger and acquisition activity in the antitrust review, inthe maintenance of the reasonable structure of the market, prevent the excessiveconcentration of market power is an effective method. Both to achieve enterprise mergers and acquisitions activity itself, the pursuit of economic benefits, andconforms to the intrinsic demand of social and public interests, and safeguard thelegitimate rights and interests of the consumers directly.Mergers and acquisitions as a new economic phenomenon appeared late in ourcountry, and the anti-monopoly law enacted time is not long, concentrated controlsystem is still in the first try and gradually rich phase, so the enterprise mergers andacquisitions antitrust review system is yet to be built is complete. This thesis throughto the world developed countries set up relatively perfect enterprise mergers andacquisitions antitrust review system of learning and using for reference, drawlegislative innovation and advanced concept, make up for our country to buildcentralized control system in the related theoretical exploration, the lack oflegislative experience and judicial practice. Frame and main content of this paper hasthe following three parts:The first part mainly introduces the related concepts of enterprise mergers andacquisitions antitrust review system and the necessity of the antitrust review, first ofall, based on the rules on the definition of the concept of mergers and acquisitions,has led China’s "anti-monopoly law" concept to concentration. Through theformation of monopoly influence on mergers and acquisitions, and mergers andacquisitions antitrust the value and significance of the anti-monopoly law in China,and the provisions of the anti-monopoly review system to concentration illustratesthe necessity of enterprise mergers and acquisitions antitrust scrutiny.The second part mainly through to the United States, European Union,Germany’s mergers and acquisitions antitrust legislation general situation andexperience of learning the advanced system, concludes that our country shouldsummarize and domestic enterprises mergers and acquisitions antitrust practiceexperience, all starting from the basic national conditions, the enterprise mergers andacquisitions antitrust experiences of developed countries for reference, promote theperfect our country enterprise mergers and acquisitions antitrust review system ofrevelation.The third part of the Lord is on corporate mergers and acquisitions antitrustreview declaration for the improvement of the standard put forward constructive Suggestions. Respectively from the reporting standard, physical examination,examination procedures, the relief way, proposed established automatic waitingperiod except the application of the system, set up in China in the relevant marketdefinition of HHI index system and the concentration of additional restrictiveconditions of the legal provisions.