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Research on the System of Notification of Concentrations between Undertakings

Author: WenTao
Tutor: WenShuYing
School: Shanxi University
Course: International Law
Keywords: Concentration of Business Operators Centralized reporting Reporting review
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 50
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Abstract


From the beginning of the late nineteenth century, the global economy has experienced five waves of mergers and acquisitions between operators concentrated activities frequently occur. Operators to focus on the one hand help to achieve economies of scale, improve resource utilization, and the other, will strengthen the competitive position of the operators to adversely affect competition in the market environment. Therefore, the developed countries and regions corresponding introduced a centralized system of regulation operators, to limit the risk of operators of infinite expansion. At present, the concentration of business operators reporting system has been widely implemented in various countries and regions, and continuous improvement in practice. With the constant increase in China's opening to the outside world, foreign investors emerging phenomena such as mergers and acquisitions within the enterprise and between enterprises within the centralized behavior. Therefore, centralized reporting system operators to conduct systematic research has a strong theoretical and practical significance to the maintenance of China's market economy, promote the harmonious and stable development in the market. Declaration of Business Concentration on the basis of this article is to explore the concept and significance of centralized reporting system operators, the use of comparative analysis, historical analysis and other methods, the representative of the European Union, the United States, the United Kingdom, Germany, Japan and other countries and regions The detailed analysis of the system, and based on our existing law, proposing and improve our concentration of business operators reporting system. In addition to the introduction and conclusion, the paper is divided into four parts. The first part of the basic theory of the operators of centralized reporting system, including the concept significance. Operators of centralized reporting system refers to the state for the concentration behavior of the operators, statutory reporting standards requiring operators to submit the filing of documents to the anti-monopoly law enforcement agencies, according to certain standards and procedures for the filing of documents for review by the anti-monopoly law enforcement agencies, to decide whether or not license centralized system. Centralized reporting system operators with the national security review system for both connections and differences. Operators centralized reporting system meaning: to maintain the order of the market economy; protect the legitimate rights and interests of operators and consumers. The second part of the European Union \discourse operators in the European Union, the United States, the United Kingdom, Germany and Japan, respectively, centralized reporting system as the basis of reporting obligations, reporting standards, reporting time, reporting exemption declaration before the inquiry mechanism, the filing of documents in reporting review and liability the main content. On the basis of a comparative analysis of the third part in the centralized reporting system operators in developed countries, from the obligation to notify the areas defined reporting focus on the admissibility of the case mode, dual reporting standards applicable, the establishment of the declaration before the inquiry mechanism, expert working group range of functions, legal responsibility, to elaborate on the operators of the developed countries and regions centralized reporting system of the revelation. The fourth part discusses the status quo of centralized reporting system operators in China and its perfect. Although our concentration of business operators reporting system legislation has achieved remarkable success, but there are still reporting standards fixity reporting the former the Inquirer mechanism of non-fixity, and afterwards the lack of regulatory system, the lack of administrative discretion control absence. On the basis of centralized reporting system operators to learn from developed countries and regions, combined with China's actual conditions, enhance the flexibility of reporting standards, improve reporting before the inquiry mechanism, set up after the regulatory mechanism and restricting the powers of the anti-monopoly law enforcement agencies in four areas proposed specific recommendations to improve our concentration of business operators reporting system.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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