Research On The Legal System Of Merger And Acquisition

The introduction of the anti-monopoly law of the People's Republic of China is a new starting point of China's anti-monopoly law system,which lays a legal foundation for the study of exemption system in China.It is of great practical significance that the exemption system of anti-monopoly law can be successfully operated and rationally constructed,which will directly affect the theoretical research value and practical operation of the anti-monopoly law.While the anti-monopoly law in China stipulates the centralized exemption system for operators,there are still many deficiencies and needs to be further improved.At first,this paper based on the general concept of concentration exemption system,analyzes the concentration difference between immunity and suitable exception system,this paper expounds the effective competition and substantial justice,industrial organization theory,combined with concentration review factors on the exemption system were summarized.Second concentration exemption system in the exemption conditions in China,regulations,procedures,legal responsibility and the lack of law enforcement system has carried on the analysis,by analyzing the virtues of the two countries concentration exemption law system building experience,summed up the reasonable principle combined with the itself illegal principle applies,the independent authority of law enforcement agencies and perfect after the event monitor and other advanced.Finally combining with concentration the exemption system in our country present situation and the characteristic,proposed to establish industrial policy coordination with competition law,the reasonable principle of public interest as the guidance,the guiding principle,and expounds the specific Suggestions on improving the law system of concentration exemption.Including improving the legal system and law enforcement,and improve the application system,clear the exemption conditions,perfect the legal liability exemption aspects of countermeasures,for our country concentration of help to the improvement of immunity system.