Study On The Optimization Of Declaration Criteria For Operator Concentration In China

Concentration of operators is a common operator activity in a market economy.While it can achieve economies of scale,diversification and management optimization,it can also change the existing state of market power or market structure and affect the competitive market environment.Therefore,concentration of operators is the subject of anti-monopoly regulation in most countries(regions)around the world.However,only a small number of operators in market economic activities implement concentrations in pursuit of monopoly power,and most operators’ concentrations do not bring anti-competitive effects to the market,so the targets of regulation of operators’ concentrations should be somewhat filtered.The importance of setting standards for the declaration of operator concentration lies in the fact that setting certain standards to establish the proper jurisdiction for antitrust examination of operator concentration is a key premise for determining whether an operator concentration needs to be declared and whether the enforcement agency has the power to conduct antitrust examination of it.Since the implementation of the Anti-Monopoly Law in 2008,the existing turnover standard has played an important role in the anti-monopoly regulation of operator concentration.However,with the rise of the Internet industry,the market economy and various economic indicators in China have undergone radical changes,which makes the declaration standard of operator concentration born in the traditional economic era face the challenge of huge new economic factors.In order to better maintain the socialist market economic order and a fair competitive market environment,it is urgent to optimise the existing standards for the declaration of concentration of operators in China.Based on the meaning,type and role of the operator concentration declaration standard,this paper analyses the development history of China’s operator concentration declaration standard and its current situation,sorts out the problems faced by the turnover standard in traditional industries and in the Internet industry,and puts forward suggestions for optimisation in terms of both content and implementation according to the basic principles for optimising the operator concentration declaration standard,with a view to optimising the operator concentration declaration standard and better maintain the order of market competition in China.This paper is divided into four parts.Part I,Introduction.The background and significance of this paper are firstly explained,followed by a compilation of the domestic and international literature on the standard of declaration of concentration of operators,a summary of its theoretical contributions and shortcomings,and finally the research methodology,research ideas and innovation points of this paper are introduced.The second part of the paper provides an overview of the standard of declaration of concentration by operators.Firstly,the meaning of the standard of declaration of concentration of operators is briefly described.Secondly,the quantitative indicators of operator concentration reporting standards and their advantages and disadvantages are explored,and the reporting standards are classified and analysed according to the nature of the quantitative indicators.Thirdly,the role of the reporting standards for concentration of operators is explained.In the third part,the current situation and problems of China’s operator concentration reporting standards are clarified.The development history and current situation of China’s declaration standards are clarified,and the problems faced by the current turnover standards are analysed from two dimensions: traditional industry and internet industry.In the fourth part,countermeasures for optimising the declaration standards for operator concentration in China are proposed.This part is the focus of the thesis.On the basis of the basic principles of optimising the declaration standards,firstly,it proposes specific measures to optimise the declaration standards for concentration of operators,including establishing diversified and cross-complementary declaration standards on the basis of turnover standards,establishing a dynamic adjustment mechanism and introducing turnover industry coefficients to alleviate the conflict between the uniformity of standards and industry differences.Secondly,it proposes complementary measures to optimise the standards for operator concentration declarations,enhance the strength of ex officio proactive intervention,and at the same time strengthen the refinement of discretionary powers,with a view to improving the applicability and effectiveness of the standards for operator concentration declarations in the traditional and internet sectors.