The Research On The Control Boundary Of Concentration Of State-owned Enterprises

The standard of concentration in China is quite similar as EU,which depends on whether control is changed or not.But,with the promotion of the Mixed-Ownership Reform of state-owned enterprises,new situation arise.However,there is no relevant research on whether there will be a change in control when the concentration happened between different levels of state-owned enterprises.In addition,with the advancement of the classification system of state-owned enterprises,though some merger between the commercial state-owned enterprises were not included in the category of concentration under the standard of control,they actually led to a rise in the dominant market position of the participating state-owned enterprises in the relevant market.These current conditions and problems have brought considerable difficulties to the reform of state-owned enterprises.This dissertation finds that the concentrated types of state-owned enterprises mainly include the concentration of state-owned enterprises at the same level and the concentration of state-owned enterprises at different levels.When analyzing the centralized control standards of these two types of state-owned enterprises,whether the actual controllers of the participating state-owned enterprises belong to the same level of government agencies or whether the nomination and appointment of the directors of the participating central committees should be considered.In addition,after the mergers and acquisitions of different levels of state-owned enterprises,which the State-owned Assets Supervision and Administration Commission(SASAC)of the State Council holds minority interests,when analyzing the standards of control,it is even more necessary to focus on the possibility that the SASAC of the State Council may form a joint state-owned enterprise with the local SASAC of the local council and SASAC of the State Council and the possibility of the SASAC of the State Council's decisive influence.This dissertation studies and analyzes the centralized control rights standards of state-owned enterprises of different natures.The analysis demonstrated that,under the standard of control,the concentration of state-owned public companies of the same level does not require the centralized review,which leads to the benefit of efficiency and social significance.Besides,it examines the issue of the concentration of competitive industries that may result from the concentration of commercial state-owned enterprises do not need centralized review under centralized control.Our country's relevant legislation already contains the control standards.To make the judgment of the concentration of state-owned enterprise more explicit,this dissertation proposes the standards of control over the centralized review of state-owned enterprise from the merit part and the procedure part.