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Legal Research on the Efficiency Defense Program of Operator Consolidation

Author: XuZhiHua
Tutor: XuShiYing
School: East China University of Political Science
Course: Legal
Keywords: Concentration of Business Operators Efficiency defense Program
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 55
Quote: 0
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Abstract


Concentration of business operators to operators through a merger, asset purchase, share purchase contract (associate, joint venture), personnel arrangements, technical control of other operators control over, or be able to exert a decisive influence on other operators behavior . Concentration of business operators, because in the near future to expand the enterprise scale, integrated marketing resources, enhance the competitiveness of enterprises, some enterprises, especially large enterprises favored. However, on the other hand the concentration of business operators may also increase the operator's market forces, expand the complicity of the operators on the relevant market risk to turn undermine a fair and effective competition in the market, and ultimately harm consumer welfare and the interests of society as a whole. Dual attributes of the concentration of business operators decided to treat concentrated attitude can not be absolute, the operators concentrated the efficiency defense system is to soften the focus on two contradictory system design. The major countries or regions in the world are concentrated in its review of the relevant provisions or practice recognition centralized review of the efficiency defense system, China is also \The defense made a principled provisions. However, efficiency defense exactly how, and how should efficiency defense program implementation process design and can not find a clear answer in our current legal system. This article is both from the operators of centralized efficiency defense procedural point of view, with reference to the provisions and practice of foreign antitrust enforcement experience more rich countries, centralized efficiency defense program starts and proceedings have commenced a brief analysis of the operators. The paper is divided into three chapters, the first chapter is mainly concentrated operators efficiency defense concept, value, and efficiency defenses applicable conditions for research. Come to our country as soon as possible to improve the efficiency defense system related provisions, the efficiency defense shall be applied to meet the verifiability, timeliness, efficiency, conductivity, endemism, materiality and other conditions. The second Chapter efficiency defense start about the efficiency of our defense should begin. This chapter first by combing the United States, the European Union, as well as our operators concentrated antitrust review process system, so I consider efficiency defense system in the macro-review process system. Further stages in the review process system startup problems discussing efficiency defense. Concluded that, in terms of pre-review to discuss or review the reporting stage, substantive examination stage in the review or the review of the relief phase, should be given the centralized party the right to bring efficiency defense. Chapter efficiency defense commence from the procedural safeguards of efficiency defense, the three angles exposition efficiency of the analysis of efficiency defense mode as well as the efficiency of the defense prove defense practice. Chapter argues that our efficiency defense review should be the establishment of a neutral referee institutions, to improve the hearing system and progress briefing system, institutionalized communication process design, procedural hearings confrontation designed to protect the exercise of centralized party efficiency defense rights; efficiency analysis mode problem, the paper argues that due to the concentration of a comprehensive review of the requirements, the conduction efficiency to consumer needs as well as foreign defense malicious prevention and other reasons, China should adopt efficient integrated analysis mode; come to the conclusion of a proof of the efficiency defense is our efficiency defense Proof of the object should be a major efficiency, whether to focus the unique ability to be passed to the consumer, should take stringent efficiency standard of proof is verifiable and timeliness Expand efficiency defense beyond a reasonable doubt standard, and the burden of proof responsibility should distinguish between the burden of proof on the burden of proof and the results of significance in the behavioral sense, the for behavior on burden of proof should insist on \

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