On The Anti-monopoly Regulation Of The Establishment Of Joint Ventures

In order to compete in modern markets,competitors sometimes need to collaborate,during which,joint venture is widely used because of its diversity and flexible.However,the establishment of a joint venture has a double-sided effects on the market competition: It may not only have a pro-competitive benefit but also may bring anti-competitive harms,therefore,it is necessary to regulate it by Anti-monopoly Law.Our present Anti-monopoly Law does not define joint venture,and the establishment of joint venture is mainly regulated as concentrations between undertakings.Defections of legislation bring some difficulties to the application of the Anti-monopoly Law.Based on the relevant legislation of Anti-monopoly Law on joint venture in Europe and America,this paper analyzes the shortcomings of our present anti-monopoly legislation and law enforcement,and puts forward some suggestions for perfection.In addition to the introduction and conclusion,the article includes four parts.The first part discusses the definition of joint venture in Anti-monopoly Law:This part mainly analyzes the connotation of joint venture from the angle of the Anti-monopoly Law,try to clarify the definition of joint venture in Anti-monopoly Law.Then on the basis of analyzing the double-sided effects of the establishment of joint venture on market competition,discuss the necessity of regulating Joint Venture by Anti-monopoly Law.The second part analyzes what special features the Anti-monopoly Law shows when it applies to the establishment of joint ventures and their countermeasures: This part first discusses the particularity of the joint venture and summarizes the special features of the Anti-monopoly Law applied to the establishment of joint venture.Then examines the relevant legislation in foreign countries,this part proposes to establish classification regulation pattern to solve the problem of uncertainty in the application of Anti-monopoly Law.The third part analyzes the current situation and deficiency of anti-monopoly regulations of the establishment of joint venture in China:This part summarizes the current legislation and law enforcement situation over the establishment of joint venture.Then,this part further analyzes the shortcomings of the currentAnti-monopoly Law when regulating the establishment of joint venture.The fourth part explores how the current Anti-monopoly Law can be perfected when regulating the establishment of joint venture: This part draws lessons from the foreign relevant legislation experience,on this basis,proposes to establish the classification regulation pattern,carries on the anti-monopoly regulation to the establishment of joint venture.This paper further analyzes how to choose the criteria of classification and what characteristics should be paid attention to in regulating the establishment of different types of joint ventures.