Study On The Review Procedural Systems Of The Concentration Of Business Operators

In 2014, Chinese anti-monopoly law enforcement agencies have taken many executive measures and made great achievements. The 2014 is called as the first year of the anti-trust law enforcement. However, the executive measures of Chinese anti-monopoly law enforcement agencies were questioned, such as alterative execution, as a result of some procedural problems, such as low-level transparency of the executive information, inadequate communication and so on. The behavior of the concentration of business operators is the only one which takes the pre-review regulation way in the procedure of anti-trust law enforcement. On the background of the pre-review regulation, it is easier to lead to some accidental executive injuries. Therefore, it is necessary to built relative and complete procedural systems of review by designing strict process of government power to control government power.The review procedural systems of the concentration of business operators refer to the steps, methods and procedures, can make sure the openness and justice of the review procedure and result, which are obeyed by the participants in the review procedure of the concentration of business operators. The research of the review procedural systems of the concentration of business operators develop from three aspects.First of all, I have some general theory analyses. On the one hand, the behavior of the pre-review regulation, in essence, is the intervention national public power takes to the social life and preventive as well as advanced regulatory behavior, and then we need to make sure the object of the review systems come true with the help of the complete review procedural; on the other hand, we should obey these basic procedural principle, such as impartiality, openness and efficiency, in the procedure of building the review procedural systems.In the second place, according to the current procedural research route, the review procedural systems include the basic systems and the specific procedures. The basic systems of the review procedural systems refer to the independent and important systems in the review procedure, such as the accepting cases, the participants and the evidence and so on. The specific procedures refer to the procedures can be used to achieve a reasonable review decision, include informal communicative program, the summary review procedure, the ordinary review procedure and the post review procedure(the relief procedure) and so on. At the same time, in order to achieve a total comprehension for the review procedure systems, we introduce the relative information of foreign developed anti-monopoly law countries.At the last, we look at the status of Chinese review procedural systems of the concentration of business operators, find out the defects, in turn put forward to the feasible suggestion for improvement.