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On the concentration of business operators Antitrust Regulation

Author: ZhuZuoZuo
Tutor: SunXiaoPing
School: Fudan University
Course: Legal
Keywords: concentration of undertakeings substantive standards Antitrust Regulation
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 118
Quote: 1
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Abstract

Currently,the market concerntration degree in our country is universally too low, and the phenomenan of similarization in industrial structure is also quite serious.In consideration of these problems,a round of merger and recombination process is required to enhance the competitiveness of the industries and enterprises,which aims at eliminating backward industries,strengthening industry concerntration and accelerating the merger,recombination and optimization of the industry.The concerntration of operators is not only an important means for every nation to optimize the structure of industry and business organization,but also an effective way to accelerate the business expansion and improve the efficiency of economic of scale and international competitiveness.Therefore,within quite a long period,the prime task of the economic development in our country should be confined to accelerating the concerntration of operators and the formation of optimized market structure.As a common phenomenon in economic life,the concerntration of operators have two totally different influences on the market competition,one is active and the other is passive:on one hand,not only does the concerntration of the operators contribute to the realization of the economic of scale,but also enhance the competitiveness of the whole market.On the other hand,the concerntration of the operators has a great impact on the market structure.Owing to the concerntration of the economic force and the change of the market structure,the post-concerntrated operators may gain greater ascendancy in the specific market.Besides,the competitors in the market will be fewer and the competition in specific market would be less.And this will make it easier for the managers to make the coordination,which may restrict the competition as a result.Either elimination of competition or restriction would do harm to the sound progress of the national economy.Thus,in order to bring the competition and the economic of scale into a unity,and maintain the effective competition of the market,each country,including our country,has regarded the regulation of the operators’ concerntration as an important part of its Antimonopoly Act.In addition, the economic globalization will cause the concerntration of the operators to exhibit somewhat international characteristics.Moreover,the concerntration overseas may also influence the native market a lot.However,each country can eliminate the bad effect by taking the Antimonopoly Act overseas.In fact,through years of development each national anti-monolopy law has reflected the legislative purpose and the diversified development trend of values,mainly in the limited monolopy,the same emphasis on protecting the interests of diversity on the basis of protecting competion.The law should not only protect the position of small and medium enterprises in market competition,but also to properly allow large enterprises to merge from the angle of the national overall economic strength;not only promote to increase the degree of freedom in international trade,but also to protect domestic economic security,as well as the the development and scale expansion of national enterprises.Therefore,in my part,anti-monolopy regulation of operators centralized system is bound to play a role in greatly promoting the improvment of the system of market system,which with Chinese characteristics.But at present China’s《anti-nomolopy law》of operators centralized system has yet to be further improved.Like many others,the anti-monolopy system is a double-edged sword.The review of its establishment and enforcement should be based on the specified national economic development situation,and master it flexibly.The way of how to take advantage of operators centralized system promotes the process of our county’s economic development and modernization,without damage,restriction of competition, and maintaininh the vitality of economic development as well.All these require China should make which,the creation or strengthening of dominant market position and serious undermination of effective competition,as its substantive standards to regulate operators centralized system.Through detailed,systematic study and analysis of the world’s major developed countries,combined with China’s newly-enacted anti-monolopy law and regulation system operators’ practice and need,my thesis puts forward a comprehensive substantive criteria to be used,while the substantive criteria broke into several elements:the creation or strengthening of dominant market position,serious undermination of effective competition,market share,market entry barriers and other basic factors,which further to determine the point that the applicable substantive criteria should hold.I use comparison,induction,critical analysis,and so on in my essay.I analysed the monopoly directions of concentrations of undertakings in our countries by comparing the problems of their monopolization and also summered up the research results on the problems of antitrust provisions made by the government for concentrations of undertakings with collected information at home and aboard,as the academic base for antitrust problems of Chinese concentrations of undertakings,treating the differences between foreign countries and china’s in dialectical way to improve the situation of concentrations of undertakings anti-monopoly.To support my idea,I searched the related papers and data from Internet and professional journal and viewpoints from the experts who study in this field.My paper consist of four chapters.In the first chapter I elaborated the evolution and legal status of a concentrations of undertaking’s conception,the performance of concentrations of undertakings facing the Anti-monopoly Law.In the second chapter, I compared the antitrust legislation of concentrations of undertakings from every country and had a commentary on the status quo of Chinese concentrations of undertakers’ Anti-monopoly Law.In the third chapter,I studied the substantial standard of a concentration of undertaking antitrust examination.And put forward that we should divided essential standard region into "producing of improving the status of market control" and "destroying effective competition severely"and take a further elaboration.In the fourth chapter,I examined the present situation of concentrations of undertakers’ Anti-monopoly Law in our country for pointing out the disunion of the principal part of antitrust examination exisiting the present Anti-monopoly Law, the unaccessibility of threholds for prior notification for anti-monopolisation and the ambiguous process of prior notification and I gave some advice for improving:1.understand completely the conception of concentrations of undertakings.2.make the substantial standard which lead to the monopolization of concentrations of undertakings clear 3.make suitable exemption rules.4.pay more attention to the efficiency trends of the process of prior notification.

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