The Research On The Way To Improve The Remedy Of Merger & Acquisition In China

Throughout the world,concentration of business operators has gradually developed into a general trend in the market economy operation environment with its unique scale expansion and market share representation.Operators have gradually formed a way to stimulate their market share by merging the shares of other market participants,rather than the traditional internal expansion.On the one hand,concentration of business operators can promote enterprises to absorb assets,human resources,intellectual property rights and marketing channels of other market participants in a short period of time,expand their own scale and improve their output rapidly,so as to make a qualitative leap in the performance of domestic and foreign markets.On the other hand,its defects are also obvious.Unreasonable M&A activities will lead to a sharp decline in the number of market participants,enhance the market share of the merging party,grasp the right to speak,so as to promote it to obtain market monopoly,and then damage the competition situation.Therefore,in the operation of the national economy,the structured and systematic centralized relief system can correct the damage caused by improper M&A behavior,restore competition in an all-round way,and play a positive role in the smooth operation of the market economy.This paper focuses on the improvement of the concentrated relief system of China’s business operators,especially demonstrating the defects of China’s system in the process of law making and Implementation,and then puts forward targeted solutions to give full play to the role of the concentrated relief system in anti-monopoly law enforcement.This paper will be based on China’s national conditions,and deeply grasp the relevant support of extraterritorial legislation,law enforcement,justice and so on,in order to put forward a practical concept of the merger relief system in China.There are four parts in the main body: the first part is the introduction,which mainly expounds the economic and law background of relevant systems,the latest scientific research progress in world,research methods,etc;the second part is the theoretical explanation,which will be expanded from the meaning,objectives,specific types of concentration and the consideration factors of the relief process;The third part is the practical analysis of therelief system of concentration of business operators in China.Based on the legislative status quo of the relief of concentration of business operators,this paper summarizes the fruitful results of the relief of anti-monopoly in China by analyzing the law enforcement status at this stage,and analyzes the causes of the possible problems in the above practice,so as to pave the way for the following;The fourth part is the experience and Inspiration of the centralized relief system for overseas business operators.By introducing the institutional experience of the United States and the European Union in the field of anti-monopoly,we hope to provide some useful examples;The fifth part is the corresponding countermeasures to improve the relief system of concentration of business operators in our country,mainly from the construction of guiding laws and regulations system,the establishment of public interest testing mechanism,strengthening the protection system of concentration relief,the same application of various types of relief and complete case review and tracing,etc.,and trying to find the touchstone to improve the system in the future.