The Research On The Antitrust Review Procedure —In A Perspective Of Comparison Between China And America

At present, the research on anti-monopoly regulation mainly focused on the substantive law. Research results are also relatively abundant and maturity since the "anti-monopoly law" was enacted in 2008. In contrast, the anti-monopoly law of the Program study is weak, need to be carried out in depth. In the anti-monopoly laws, the procedural rights of the operators is the key criteria to measure whether the anti-monopoly regulation and procedures is justifiable. It can be said that the operators of the procedural rights can safeguard enterprise’s rights, ensure the openness of administrative, guarantee the enforcement of administrative law.Analyzes the anti-monopoly rules and regulations in our country, we cannot divorce oneself from reality, also cannot copy other country’s regulations blindly. We would like to fully respect our objective realities, drawn lessons from foreign advanced legislation. The United States has a hundred years of anti-monopoly practices, their substantive law had become simplified, and the rules of procedure of the increasingly refined, this has provided the direction and model for our country but three institutions enforce the law together,it is greatly different from other countries, we have to give serious consideration to the reality of the country, as well as the political system in our country, the level of economic development and historical practice in law enforcement, explore the review procedures that adapted to our country.This article begins with the case study of the acquisition AB and inbev, it also compares the anti-monopoly regulation between China and the United States. First of all, analyze the case from the declarations, review procedures, to the relief phase. In the current legal environment of our country, what rights and obligations AB and inbev company enjoys as the parties of administrative procedure in the antitrust review program, what discretion the enforcement agencies have as a law enforcement organ.Second, under the environment of law in the United States, study the case review and implementation, takes the United States antitrust laws and regulations as the criterion.Finally, compare differences, what the concentrated anti-monopoly review process is, where its superior performance, the market economy in our country is in rapid development stage, but antitrust practice experience is poor, try to put forward feasible Suggestion.This article consists of three parts.The first part, the definition of concentration and the present situation of legislation, the provisions of the interpretation to concentration in China and the United States as well as the existing anti-monopoly law system. The second part, Take the Mergers and acquisitions case for example, compared the completely different antitrust review procedure in the United States and China, analyze their structure characteristics of the review process, compare the similarities and difference. The third part is the problem analysis, it is easy to find the provisions of domestic concentration antitrust review process is yet to be perfect:operators in the review process is difficult to enjoy procedural rights as the administrative relative person, structure neutrality is not strong, and a hearing system needs to be improved, the system of public proceedings remains to be perfected. learn from the United States anti-trust laws and regulations and the practical experience.The fifth part analyze the problems of antitrust review process in our country, put forward personal views and Suggestions for improvement, by reference to the existing academic achievements and American anti-monopoly law.