Study On The Entity Review Criteria Of The Exemption In The Concentrations Between Undertakings In China

In our country,a very serious structural imbalance has emerged.Therefore,highlights of general secretary Xi Jinping proposed the socialist market economy with Chinese characteristics in the new era requires developing to high quality at the 19 th National Congress of the Communist Party of China.In order to adapt to the objective reality of social development,legal norms must also adapt to changes in the major social contradictions in our country.The common destiny for all mankind vividly depicts the globalization needs in the new stage.This will inevitably require the Chinese market to cultivate a large number of high-quality enterprises.Therefore,the economic law closely related to the reform of the economic system needs to readjust the basic concepts and the “Anti-Monopoly Law” should also be properly improved.According to the law of market operation,the concentrations between undertakings is an inevitable result of economic development to a certain stage.However,the antitrust law focuses on its regulation in order to guarantee a competitive order.However,in recent years,regulations on the concentrations between undertakings in countries and regions have been gradually relaxed.It can be seen that the exemption system is increasingly important.It is not only conducive to reflect the value of antitrust law and economic democracy concept,but also bring about cost savings and efficiency.However,our country's exemption in the concentrations between undertakings of entity review criteria relatively general and have little content.The two types are simply stipulated in Article 28 of the “Anti-Monopoly Law” and can not guarantee the concentrations between undertakings who have an active role.Fossilized exemption in the concentrations between undertakings of entity review criteria both lack detailed rules for making judgments and cause difficulties for companies to report.At the same time,the current entity review criteria are difficult to implement because of the general rules.The unclear definition of “social public interest” also makes the practice department's law enforcement lack a basis.Moreover,many companies in China need to rely on joint efforts to reduce costs,increase scale,and increase competitiveness,but they are often unable to concentrate due to current institutional limitations.Even concentrated activities under the guidance of the policy are largely questioned by the public because of unclear interpretation.After comparing the foreign exemption in the concentrations between undertakings of entity review criteria can be found that the proven efficiency,the improvement of the international competitiveness of enterprises,and the stability and security of the country have become increasingly important considerations.Therefore,our country's legislation in this area can learn from this.Based on this,exemption in the concentrations between undertakings of entity review criteria should be consummated according to the value target of antitrust law and the situation in China's economic development has entered a new stage so as to ensure that the antitrust law enforcement is fair and reasonable.First of all,in order to remove the unfavorable situation of the fossilized exemption in the concentrations between undertakings of entity review criteria,it is necessary to refine the judgment rules.On the one hand,it is necessary to increase innovation as a direct exemption factor.On the other hand,efficiency is used to replace the trade-off between favorable and adverse influences,and the coordinated development of the economic structure is further promoted.Second,in view of the concept of “social public interest” in the “Anti-monopoly law” before and after the statement of contradictions,the term “social public interest” in Article 28 should be replaced by “social policy goals”.On this basis,classify the “social policy goals” that should be exemption by enumerating them,and prevent “social policy goals” from being abused.Finally,in order to ensure the long-term stability of law enforcement,it is necessary to set up a clause in order to avoid any possible unavailability in the future.