Legal Liability Of Breach Of Prior Notification Of Concentrations

“Anti-monopoly law” promulgated on the occasion of the advance declaration system established as the essence of the rules and regulations of our business operators,“Anti-monopoly law” since the implementation of a decade,the Ministry of Commerce made a total of 11 due to the declaration of the implementation of the 11 Administrative penalty decision book,without exception,is a fine of this single way to punish,the law provides a fine of 500,000 yuan in the amount of the actual even did not reach 500,000 yuan,mostly in the 150,000 yuan to 300,000 yuan,Compared to 400 million and 2 billion yuan turnover declaration standards,the amount of fines can be described as worth mentioning,which also shows that only 11 in the 11 administrative penalty decision on the same operator two illegal declaration One of the reasons for the situation-illegal costs are too low,leading to the prevention of legal punishment function is not reflected.The Ministry of Commerce in the making of such penalties may not be aware of the fine set unreasonable,but still only choose this kind of punishment mode,the reason behind is worth exploring.By combing the reasons for the failure of the operators in the punishable cases to report the reasons for the restoration of the pre-centralized state through the use of the three safeguards to stop the implementation of the centralized,deadline or equity,The implementation of centralized administrative responsibility,the application of civil liability issues,try to promote China’s prior declaration system to play a better role to put forward some countermeasures and suggestions.