Research On The Standards Of The Control Of Concentration Between Undertakings

The announcement in 2014 of banning Maersk shipping,Mediterranean Shipping,and CMA CGM shipping from setting up a network center caused scholars to discuss the determination of the change in merger control.China's current antitrust law has imperfect regulations on the standard of merger control.Regarding the meaning of "control" and the standard of "obtaining control",our law does not give any explanation.The imperfection of the standard of merger control also raises a series of problems in practice.Therefore,it is the object of this article to explore the change in the determination of the merger control —— the standard of the control of concentration between undertakings.This paper consists of three parts: the proposal,the main body and the conclusion.And the main body is divided into three parts:Part ?: The author sorts out the legal provisions concerning the control of concentration between undertakings in the antitrust law system of our country,and found that the text of the law did not essentially define the “control”,which led to the imperfect of the control of concentration between undertakings.Scholars generally agree that the determination of change in control power is the core of defining the concentration between undertakings,and believe that the standard of control should be improved in China,but there is no consensus on how to improve the standards of “control”.The author has sorted out practical problems arising from the incomplete standards of “control” in China,further demonstrating the need to improve the standard of merger control.Part II: After clarifying the imperfect standards of the control of concentration between undertakings in our country,the author begins to explore the path under which the standards of the control of concentration between undertakings can be improved.It is explored whether the control standard in the "Company Law" can be applied,but the definition of "control" for the concentration between undertakings is different from the "Company Law".The answer is no.Therefore,the author turned attention to drawing on the existing relatively comprehensive standards for the control of concentration between undertakings in foreign countries(regions).After comparing the advantages and disadvantages of the three models of the standards of “control”,namely the US presumption model,the European Union recognition model,and the German & Canadian mixed model,it is concluded that China under the mixed model is more reasonable and operable.Part ?: The author puts forward relevant perfection suggestions in this part,in order to promote and optimize the standard of the control of concentration between undertakings.In the entity part,the definition of “control” should be defined clearly,how to know the control of concentration between undertakings should be defined clearly and the means of obtaining control power should be specified.In the procedural part,we should insist that the identification of “control”,which is built into the reporting system,enrich the argumentation methods for the identification of changes in “control”,and attach importance to the introduction of professional knowledge in the identification link.Finally,China should take advantage of the opportunity to amend the Antitrust Law in 2020,draw on the provisions of foreign antitrust laws on the control of concentration between undertakings,and further clarify and refine the “control” in the antitrust law and related lower-level laws in order to better promote the improvement and internationalization of the antitrust law system.