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A Study On Antitrust Law Review Of Concentration Of Usiness Operators

Posted on:2014-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiangFull Text:PDF
GTID:2266330425992826Subject:Economic Law
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In modern society, economic grows rapidly. Countries in the world attach huge importance to improve the economic law to regulate the social economy. Antitrust law always has been seen as the economic constitution. It is very obviously that antitrust law is very important in the economic law system. Typically, antitrust law has regulations about monopoly agreement, abuse of a dominant market position and concentration of business operators. In recent years, concentration of business operators is particularly common behavior, which has aroused widespread concern. Concentration of business operators has some good points. It can make economies of scale, which offer a significant increase in the competitiveness of enterprises and help to improve the level of scientific and technological progress. This can promote productivity improvement. Concentration of business operators also has some bad points. One of the basic characteristics of a market economy is competition.. Competition is very important. If competition mechanism successfully works, the first condition is the presence of a sufficient number of competitors in the market. Concentration of business operators would reduce the number of operators. Sensible competition policy should focus on the behavior of the concentration of business operators. Particularly those that may lead to monopoly which hinder the competitive effects should be considered in to the legal system of Antitrust Law. China’s current antitrust law system has made the relevant regulations, but there are still some shortcomings. Therefore, the antitrust review system research of concentration of business operators both in theory and in practice is very essential.Topic of this paper is study on antitrust law review of concentration of business operators. I want to analyze the current regulations about antitrust law review of concentration of business operators to find some shortcomings. I want to give some suggestions to improve the system. This paper is divided into four parts. Part1is a basic introduction of antitrust law review of concentration of business operators. It firstly introduces concepts and types of concentration of business operators, and then describes the implications, economics foundation and legal basis of antitrust review. Part2is about the standards of antitrust law review, which is the entity content of this issue. This part includes the standards of our country, the current shortcomings and some suggestions for improvement. It should be reasonable to set basic principles, detailed with specific considerations. Part3is about procedure of antitrust law review, which is the procedure content of this issue. This part includes the procedure of our country, the current shortcomings and some suggestions for improvement. It should be appropriate to shorten the review period and improve the decision announcement, and a comprehensive review process requires information communication. As part of a separate discussion, Part4is about the exemption system, which is very important and is not fully said in our current legal system. This section discusses the reasons for the establishment of exemption system, current shortcomings, and relevant suggestions for improvement. The establishment of efficiency defense system and bankrupt enterprises defense system, clear definition of the public interest are all necessary.This paper is characterized by reference to the relative system of antitrust laws in other countries and regions in particular the United States and the European Union’s legal system. Through analysis, I find the shortcomings in our legal system, and make suggestions for improvement. In addition, this paper focuses on case studies. The paper refers to typical cases of other countries and regions, while focusing on combination of cases published by the Ministry of Commerce. Through the combination of theory and practice analysis, I hope to make a contribution to the improvement of antitrust law review of concentration of business operators.
Keywords/Search Tags:Concentration of business operators, Antitrust law review, Exemption system
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