Research On Exemption System Of Concentration Of Business Operators

The exemption system of business concentration is an indispensable and important system of anti-monopoly law to regulate business concentration.Its function is to strictly regulate some concentration behaviors that may harm competition,and at the same time,exempt those concentration behaviors that safeguard social public interests or have more advantages to competition.Realizing the reasonable balance of market competition order,social public interests and operators’ legitimate rights and interests is the fundamental embodiment of its system value.The exemption system of business concentration in China has taken shape,but still remains further perfected.Therefore,this paper aims to analyze the exemption system of concentration of business operators as a whole.On the basis of clearly presenting the theory and legislative status of the system,combined with the actual cases,explore the core issues of substantive and procedural legislation.Then,through the horizontal comparison of foreign similar legislation,the paper puts forward suggestions to guide the follow-up legislation.The main content of this paper includes the following four parts:Firstly,it introduces the relevant concepts,theoretical basis and legislative status of the system.Secondly,it analyzes the problems of exemption standard,restrictive conditions and exemption procedure.Specifically,the exemption standard involves the problems of unclear standard and lack of operability in practice.Restrictive conditions are related to the lack of legislation on behavioral conditions and executive norms.However,there are some problems in exemption procedure,such as too long time limit of review procedure,formality of information disclosure procedure,false supervision mechanism and lack of dispute resolution mechanism.Thirdly,it is the introduction and study of the concentration exemption system of foreign business operators.This paper selects the United States,the European Union and Germany as representatives,introduces and analyzes the specific contents of the concentration exemption system from three aspects of exemption standards,restrictive conditions and exemption procedures,and then summarizes the learning achievements of the concentration exemption system abroad.Fourth,it puts forward specific suggestions on the basis of the first three parts.Such as types of exemption reasons,detailed review time limit and other relevant provisions...