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Study on the Insufficiencies and Improve Way of Concentrate Regulating Procedure in China

Author: YanLeZhong
Tutor: ZhengPengCheng
School: Hunan University
Course: Economic Law
Keywords: Concentration of undertakings Transparent principle Discretion Procedure system
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 61
Quote: 0
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Abstract


Antitrust law originated from American, was called“constitution of economy”by American jurists. So we can see its importance on keeping the order of market economy. Concentration of undertakings has been one of the three main regulation scopes in Antitrust law as they can unnaturally increase the market concentration and may restrict the competition.It’s known that concentration of undertakings is a very complex legal matter, not only does it involve a series of economic theories, meanwhile it involves the coordination between national industrial policy and the competition policy. Therefore, the substantive law could not cover every detail that possibly occurs, then, the procedural law become more and more important.The procedural laws on regulating the concentration of undertakings mainly to include the declaration system, the review mechanism, the authorized system, the judicial relief system as well as the conciliatory system, after the and implementation of our country’s "Antimonopoly law", and some“guide”which promulgated by The Ministry of Commerce, generally speaking, the substantive law of concentrate operating gradually consummated, procedure system is also close to integrity. However, a set of complete procedures were not equal to a set of perfect procedures, in fact, the procedural law of concentrate operating have very many insufficiencies. In summary, the insufficiency comes from following several aspects, one is the powerful and free arbitration in administration; Two is the publicity of procedure is poor; Three, the relief system has the flaw. Procedure law’s insufficiency affects directly on the implementation of entity system, and put the controlling organization to a difficult position, simultaneously it also affects public acceptance of the result. Therefore, how to improve the procedure system becomes the most important question in the present stage on operating the concentration of undertakings.To improve the procedure system of concentration operating supposed to obtain from following several aspects, first, refine the correlation standard and improve the hearing system, to limit the arbitration in administration; Second, disclose the information to enhance the procedural transparency; Thus Third, the judicature carries on the examination on rationality of administrative in order to improve the relief system.

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