A Comparative Study On Anti-monopoly Examination Standards Of Undertaking Concentration In China, The U.S. And Europe

In recent years,with the promulgation of the Anti-monopoly Law of People’s Republic of China,it has become a common practice for our country to go through concentration of undertakings,particularly mergers and acquisitions of renowned multi-national enterprises.The fact that our law enforcement authorities sometimes deliver judgments different from other countries has drawn widespread attentions.This essay bases on Microsoft’s Nokia acquisition,analyzes the judgment and characteristics of this case,giving priorities to the comparison of similarities and differences as to its judgments in various jurisdictions.Further,this essay gives a brief conclusion of the legislations concerning examination standards of undertaking concentration in China,the U.S.and Europe.With regard to the acquisition case,an industry grading is also presented,in which the examination standards of the three regions are analyzed horizontally.In thelast section,underpinned by the previous 27 cases,the essay proposes some recommendations for China’s scrutiny standards of concentration of undertakings from four perspectives,i.e.emphasis on examination of vertical concentration,specification of exemptions,establishment of quantified Safe Haven system,and reduction of unnecessary behavioral remedies.