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Research on the EC Anti-monopoly Review System of Horizontal M&A between Undertakings

Author: FeiJia
Tutor: CaiHong
School: Guangdong University of Foreign Studies
Course: International law
Keywords: European Communities horizontal M&A antimonopoly review
CLC: D922.29
Type: Master's thesis
Year: 2009
Downloads: 120
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Abstract

This paper is started from the original theories,legislative background and the sources of law of EC Enterprise Horizontal M&A(mergers and acquisitions) Antimonopoly Review legislation system——one of most developed horizontal M M&A legislation of the world.Conclude a detail expatiation on the substantive and procedural content of the system.And study further on the specific application and the related practical experience of review criteria.Meanwhile,survey the Chinese Enterprise Horizontal M&A Antimonopoly Review legislation system and policies. Finally,put forward some proposals and suggestions on the establishment of Chinese Enterprise Horizontal M&A Antimonopoly Review legislation.This Paper is composed by three parts;they are preface,text and concluding remarks.The text is divided into four chapters,a total of about 48,000 words.The preface firstly compares the meaning and extension between differences conceptions.Then simply overviews the reasons of horizontal M&A,concluding the dual effects on the competition by horizontal M&A,and makes an introduction why we should control it.The first chapter is devoted to introducing the ideological theories,legislative background and the sources of law of EC Enterprise Horizontal M&A Antimonopoly Review legislation system.First of all,it makes a summary of fundamental theories of it.Then,it summarizes and generalizes legislative background and changes of the EC Enterprise Horizontal M&A Antimonopoly Review system.Finally,it classifies and summarizes the main sources of law of the system.The second chapter interprets and analyzes the basic content of the EC Enterprise Horizontal M&A Antimonopoly Review system.Especially pays attention to the development of the substantial standards of the system.It summarizes and analyzes the different legislative background and the inheritance relations between each other of the different test standards in various times.It also summarizes and analyzes the application conditions and scopes of the system.Then, it draws a conclusion that the application of the exemption is inclined to consideration of the economic policies.This final part of chapterⅠis an introduction and summary of the examination procedural system of EC Enterprise Horizontal M&A Antimonopoly Review system.ChapterⅢtakes a close analysis on the concrete application of EC Enterprise Horizontal M&A Antimonopoly Review system.Analyzed and summarized the specific application and essential review factors of the clause 81 and 82 of the fundamental Treaty "EU Treaty"and the No.139/2004 council regulation.It interprets how to analyze the anti-competitive effects of horizontal M&A,and makes a summary of common grounds of defense and exemption in practice.The fourth Chapter is the last part of the article.It emphasizes on commenting and analyzing the legislative status and the legal system of Chinese Enterprise Horizontal M&A Antimonopoly Review system.Summed up several special opinions differ from the mainstream theories.And puts forward some deficiencies in procedures on analyzing the case "Coca-Cola Merger Huiyuan Juice Group"which is the largest purchase case in domestic China recently.Lastly,by comparing the social and economic backgrounds between European Union and China,it proposed several suggestions by learning from the relevant legislation systems of European Communities.

Research on the EC Anti-monopoly Review System of Horizontal M&A between Undertakings

Abstract

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