Process Of Undertaking Notification And Vetting Legislation In China

During the past couple of years, Competition-law research has been rapidly developing under encouragement and promotion of various prestigious international institution and with sophistication of legitimate technology. Organization of Economic Cooperation and Development (OECD), the United Nations Conference on Trade and Development ("UNCTAD"), the International Competition Network(ICN) and World Trade Organation("WTO") dedicate to creating and maintaining an equal and efficient competition environment in order for consistent economic development and high employment rate. This could be an feasible way to benefit all people around world. Among them, OECD which was established in1961and organized as membership club presents biggest enthusiasm in this regard.Following that world-wide trend, countries including People’s Republic of China("PRC") started to establish anti-monopoly law regime by stipulating and promulgating their own anti-monopoly laws and regulations. As developing countries, like China, are catching up with their western counterparts with relative low development level, they usually need to pump up their economy with external experience, management and technology. Thus, foreign investment, merge and acquisition ("M&A") swamp everywhere. However, with rise-up of domestic enterprises, those counties are encountering new issues. Giant enterprises may gain huge and illegal profit by hindering other competitors, which could both harm the industry development but customers ultimately.Therefore, this thesis focused on the application and approval regime on the undertaking and M&A. Keeping an deepen eye on anti-monopoly legislation course and comparing with those western precedents, this thesis make an analysis on China’s application and approval regime and hope to give some constructive suggestions by digging out pros and cons in the first place.