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Corporate merger antitrust rules

Author: WuJingPing
Tutor: ZhuLingZuo
School: China University of Political Science
Course: Legal
Keywords: Business Combinations Antitrust Monopoly Law Dominant market position Vertical integration The basis of the economic theory Non - horizontal mergers Rules and Regulations Economies of scale theory Control business combination
CLC: D912.29
Type: Master's thesis
Year: 2002
Downloads: 188
Quote: 1
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Abstract


The anti-monopoly law occupies an extremely important position in the national legal system. Such as the United States, it is called the \Traditional antitrust entities on three pillars: the cartel prohibition, prohibition of abuse of a dominant market position and control of the business combination, which control the business combination is the first problem of the anti-monopoly law, occupies a key position. This article mainly to control the business combination as the main content elaborate. The text is divided into three parts, Part I: Introduction; Part II: body; Part III: Conclusion body parts of four chapters. Chapter 1: introduces the concept as well as the type of anti-monopoly law on business combinations. I believe that the business combination on antitrust laws have a wide range of meanings, it wider scope of the concept than the countries \Specifically, it includes: (1) the \Personnel merger. The type of business combination is this classification from economics and antitrust, its purpose to facilitate anti-competitive consequences disaggregated analysis of the business combination. It consists of horizontal mergers, vertical mergers and conglomerate mergers. The so-called horizontal mergers is due to the production or sale of the same type of product or service, and in the merger between the enterprise in direct competition with each other, it is the focus of the Antitrust Regulation; so-called vertical integration is without a market level (the same market, but The merger between the enterprise on different levels); called mixed merger in a merger between the enterprise market. Vertical mergers and conglomerate mergers do not directly eliminate competitors, the countries of these two types of regulation also more lenient. Chapter II: focuses on corporate merger antitrust regulation of economic theory the basis of its value. First, the paper discusses the basis of the economic theory of business combination from the analysis of the economies of scale. According to the theory of the economies of scale that manufacturers scale economic theory, vertical integration of economic theory and the theory of diversification to describe horizontal mergers, vertical integration, the economic theory of conglomerate mergers foundation. The resulting relationship of corporate mergers and economies of scale, economies of scale of production should really relying on the expansion of business scale, the expansion of the scale, economies of scale will become without trees, without water. But pay special attention to the big business is not the same economies of scale. The expansion of any business is a certain degree, there will be more than this \Second, from the two sides of the business combination of positive and negative role of socio-economic analysis, merger control and development of economies of scale in general are not contradictory or even complementary, mutually exclusive relationship. The object of the corporate merger antitrust regulation is not a general sense of large enterprises, but by means of any attempt to monopolize the market: it is trying to eliminate is not a simple corporate advantage, but by means of the advantages for the distortions of competition mechanism ravaged; it is not protected the weak enterprises of small and weak, but to protect their access to equal opportunities for development. Therefore the regulation and development of the business combination, the economies of scale are unified in a monopoly Law. Again to establish the value orientation of a corporate merger antitrust regulation: the maintenance of effective competition in order, including freedom, efficiency, equity value. Antitrust freedom contains two meanings, one is the main market autonomy to choose the extent permitted by law and the implementation of the freedom of all business behavior; the other hand, refers to the anti-monopoly law by a certain market control the limitations of the \The antitrust fair is fair on the community as a whole and substantive significance. The efficiency of the anti-monopoly law is achieved through the creation and maintenance of effective competition in order to maximize the socio-economic efficiency. Finally, the business combination, control of the significance of the anti-monopoly law and its role in the economy of our country. Through analysis of the business combination of the domestic and international market potential problems to illustrate the the Antitrust Regulation significance of business combinations. Therefore, China should expeditiously enact antitrust laws to regulate business combination to create a sound market system of competition law, norms of effective competition in the domestic and foreign enterprises, safeguarding the economic security of our country. Chapter 4: Introducing the United States, Germany, Japan and developed countries represented by the legislation and practice of corporate merger regulation. These countries at different times and in different economic policies, develop a description of the characteristics of the system, indicating the trend of corporate merger regulation is from severe to tolerance. Chapter 5: The study is the focus of this article. I learn from Western countries, legislation, methods and experiences, antitrust legislation for the transition period of China's economic system, and how to deal with the relationship between the corporate merger control and the development of economies of scale, and to put forward their point of view, that horizontal mergers and giant corporate merger specification should focus on non-horizontal mergers, and small and medium-sized enterprises merge tolerance attitude. According to this legislative purpose, the author of \From the procedure, the entity up to establish a standardized system. From the procedures, I believe that the reference to the German practice of prior declaration system-based, afterwards reporting system supplemented to establish a procedural system, both programs as the substantial intervention auxiliary measures between the complementary. From the entity to establish general rules - Specific rules - a combination of a set of rules of the business combination exemption rules prohibited system. The general rule established a business combination constitutes a monopoly of that standard, this standard, I think it should be: \\Specific rules specific quantitative general rule it around to expand, which includes defining the relevant market, the degree of concentration of the relevant market, market share, market entry barriers. Prohibit the exemption of the business combination are those?

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