"Control" In The European Merger Control And Its Referential Significance To China

There are three categories of activities that are prohibited by the antimonopoly law.They are monopoly agreements,abuse of dominant market position and concentration of business operators.In the Chinese Anti-Monopoly Law,the expression of "control" has been put to use when defining the concentration behavior of business operators in the article 20,and there are already a lot of studies on the "control" in company law,however few has thoroughly studied the "control" of concentration behavior of business operator from the competition law's point of view.The control system of concentration of business operators of China only regulates that it will be governed by the Anti-Monopoly Law to acquire the "Control" or "Decisive Influence",but the law itself and the law enforcement agency have never made any specific illustration on this matter.Therefore a lot of questions need to be solved regarding the concept of "control".The EU has comparatively perfect combined control system and they have similar regulations with us in many ways.This paper tries to look for answers to "control" related questions from EU's combined control system,and we'11 make analyzation on the EU mode together with Chinese conditions to try to find out the conclusion that can be used by China.Structurally speaking,this paper firstly introduces China's merger control system,which briefly summarized the legalization and practice of the merger control system and "control",then the yet undecided "control" related questions are raised.And the questions include what is control,how to acquire the control,several special control types,and factors to be considered in judging obtaining the control.The second part introduces the merger control system of EU and discusses the control in EU's combined control system.Furthermore,it answers what is control and illustrates the constitute situation of sole control and joint control.The third part carries out a full combing of obtaining control from the angle of the EU laws,which gives solution under the EU laws regarding how to obtain the control,obtaining direct control and indirect control and factors to be considered in judging whether the control is obtained.The fourth part carries out the comparison and conclusion based on the above-mentioned information.And combining China's practical conditions,it analyzes the referenced influences of the EU mode on the merger control system of China and gives specific suggestions.