Study Of The Substantive Review On The Concentration Of Undertakings

In many countries in the world, M&A(mergers and acquisitions) has become a shortcut which has made the enterprises expanded rapidly, the economic benefit improved and international competitiveness promoted. In order to prevent the enterprises to generate and strengthen the market dominant position, many countries were considering launching antitrust investigations into more than a certain size of mergers and acquisitions. It has been obviously become antitrust legislation idioms of market economy countries(regions). Moreover, antitrust law enforcement agencies need the substantive review system to carry out the antitrust investigations. Other problems of the substantive review system revolve around this issue for further analysis and judgment. Based on the reviews on the rules about the concentration of undertakings, we can conclude that the rules about the relevant substantive review are too principle and general, and some important rules and regulations have great discussion space. Antitrust law enforcement agencies carried out the investigations for the lack of perfect guidance and specific standards in the past years. The author will propose the corresponding legal advice, so as to perfect our country’s antitrust legislation, the judicial system, and the socialist market economy.The 1st Part will analyze the case about Coca-Cola’s acquisition of Hui Yuan, and introduce the process, the judicial basis and the contentious issue of this case. Through the legal analysis, author will introduce the Substantive Review Standard, the Dominant Market Position Determination and the Efficiency of Defense.The 2nd Part will introduce the Substantive Review standard about the Concentration of Undertakings in our country. Through the analysis of the regulation about the Substantive Review Standard, study of major foreign countries and case about McDonnell Douglas’ s acquisition of Boeing, the author will put forward the corresponding legal advice.The 3rd Part will mainly introduce the dominant market position determination on the Concentration of Undertakings. Through the Legal definition of the dominant market position, the study about the dominant market position in foreign countries, the author will put forward the corresponding legal advice.The 4th Part will mainly introduce the efficiency defense system in our country. Through the analysis about the connotation of the efficiency defense and the summary of the corresponding theory and the judicial practice in foreign countries, the author will put forward the corresponding legal advice to perfect our Antitrust Law system.