On The Antitrust Scrutiny Entity Defense Of The United States

The antitrust scrutiny entity defense system originates from the 1914 Clayton Act,under this regulation,when an enterprise encounters unjust legal enforcement from antitrust agencies during an acquisition,it enjoys the right to invoke entity defense.This thesis will illustrate the antitrust scrutiny entity defense of the United States in great details,and offers solutions to counter this mechanism.This chapter is composed of 4 parts,and the contents are:Chapter one draws out the intended topic by introducing the cases of the AT&T's acquisition of T-Mobile and Sinochem's acquisition of Syngenta.Topics such as the nature of antitrust scrutiny entity defense and the means for Chinese enterprises to protect their legal rights when they come under the scrutiny of Federal Trade Committee are discussed in this chapter.Chapter two features the analysis of antitrust scrutiny entity defense system and it's significance,the four main defenses:market entry defense,efficiency defense,failing enterprise defense and public interest defense.The guiding moral of this system-substantive justice and balancing-has practical meanings for China's enterprises,civil economy and antimonopoly acts.Chapter three will feature the antitrust scrutiny entity defense system of the United States.First the status quo of this system in the United States is illustrated.Then comes the detailed analysis of market entry defense,efficiency defense and failing enterprise defense,including their contents,prerequisites and procedures.The genius ideas laying in this system can offer insight for clarifying antitrust entity defense and constructing a structured competitive legal system in China.Chapter four offers three counter strategies for Chinese enterprises when come under the antitrust scrutiny in the United States.State-wise the Ministry of Commerce should publish a guideline and join force with other departments to raise professionals in handling such matters.Trade association-wise,the associations should improve their proficiency in this field.Enterprise-wise,the enterprise should send reply notifications regarding their status quo.The notification should be complied in three dimensions:market entry defense,efficiency defense and failing enterprise defense under the circumstance that the enterprise comprehend the demand of the scrutiny.