Research On The Anti-monopoly Substantive Standard Concentration

Concentration entity review standard in China's "anti-monopoly law" is a blend of competitive considerations, trade-offs, and social and public interests, and other factors, form a relatively complex system of examination standards. Standards will be "has or may have effect of eliminate or restrict competition" as the basic principles of mergers and acquisitions, will be "concentration significantly greater than the beneficial effects of adverse effects on competition" and "social public interest" as the approval of mergers and acquisitions of two exceptions. With the international mainstream standards, but lack of operability. Physical examination standards within the framework of analysis of various factors, is not absolutely independent but interact between various factors in the process of concentration antitrust review of the weight is not fixed. According to the Chinese law enforcement experience, explore the value system of the substantive standard is very important, because of its indirect guidance of the anti monopoly law enforcement agency of the degree of concentration of busine ss operators review of behavioral logic starting point and weighed against the Non competitive factors such as efficiency and anti competitive effects;Second, the physical examination standards of quantitative analysis is becoming more and more important, try to enact legislation on a variety of factors related guidelines, the analysis of various factors outside standard appropriate reference advanced economic analysis method, To establish a risk warning mechanism, centralized prediction function and help participants to provide more scientific review results.In addition, the concentration physical examination standards on the basis of the combination of the basic national conditions, gradually explore the combination of theory and practice of "beneficial e ffects", "public interest" of the subject, content and so on, timely grasp the standard the boundaries between the flexibility and stability. Through improving the structure of the physical examination standards and rationality, develop good culture and co mpetition environment.At first, this paper put forward the concentration antitrust physical examination standards in the major issues of applicable law; The second combed the outside concentration physical examination standards related legislation and law enforcement practice, to provide Chinese reference analysis; Again on the Chinese entities review standard problem of the legislation and practice of combining the brief analysis of its value target system and the structure of the standard specific choice; Finally combining the appropriate entities proposed consummates our country concentration antitrust review standard advice: emphasis on the improvement of the legislation the source; Pay attention to economic analysis and legal analysis; Preliminary expl oration concentration physical examination standard value system construction; To explore the efficiency, social and public interests such as the main body or is difficult to determine the border of relevant factors in specific cases should take what kind of weights in the review process.