Discussion On The Defection And Improvement On The Reviewing System Of "the Concentration Of Business Operators" In China

"The concentration of business operators", here refers to the behavior inobtaining the right of control or having decisive influence on the other operators, bymeans of merging, obtaining shares and assets, or through contract. It could bringhuge positive effect to the society, whilst easily resulted in monopoly. In view of this,anti-monopoly rules is issued by countries around the world in the light of thisconcentration phenomenon, in which the report-review system becomes the mostcrucial link. The meticulous of the proceeding helps to facilitate the anti-monopolyenforcement and realize the value and original intention of the Anti-Monopoly Act.Present researches are mainly focus on the substantive provisions which arequite mature and plenty to some extent, while in contract, scanty of work has beendone by researchers on the procedure matters. This paper intents to excavate thedefect of review process in our legislation state through referencing existing academicachievements and procedure regulations in western countries, and lodge somesuggestion and opinions accordingly.This article is altogether composed of four parts: the first part is mainly about theanalysis on the "The concentration of business operators" and the inspection of it.The second part derives the enlightenment of "The concentration of businessoperators" in China through investigating the anti-monopoly review system of the"The concentration of business operators" both in the European Union and the USA.The third part is carding the existing review system in China, including <theAnti-Monopoly Act> and other correspondent documents released by the Departmentof Commerce, disentangling the choroid of the system and having the defect exposed.The fourth part is lodging targeted legislative suggestions on the improvement in thereview system of "The concentration of business operators", like the adjustment of theinstitution, the perfection of the consulting system, the introduction of the review feeschedule, the constitution of the record of credit and the construction of theinformation interaction basing on the analysis in the third part.This paper meant to collect and card all the latest provisions,regulations andacademic achievements, combing and meticulous screening all these abovemeanwhile extracting the core viewpoint, and sublimation a theoretical framework ofthe review system of the "The concentration of business operators". The paper is also aimed to stimulate other valuable ideas to promote profound thoughts and research onthe review system of "The concentration of business operators".