Research On Innovation Competition Issues In The Control Of Concentrations Of Undertakings

In the present world,a new round of scientific and technological revolution and industrial transformation are reshaping the world pattern of competition in science and technology,creating new opportunities and challenges for China’s economic development.Innovation,as the first driving force of leading development,plays an important role in promoting the quality,efficiency and dynamic changes of economic development.With the development of market economy,the competition between operators is more and more represented as innovation competition.As other forms of competition,Operators involved in innovation competition may undermine the market competition order by reaching monopolistic agreements,abusing the dominant position of the market and implementing concentrations of undertakings with anticompetitive effects.It is not only an obstacle to the healthy development of the market,but also a new challenge to protect the interests of consumers and the public.The basic idea of regulate innovation competition issues in the control of concentration of undertakings has a long history,starting with the anti-monopoly judicial practice in the 1950s in the United States.And in the 1990s formally incorporated into the anti-monopoly legislative document.Under the influence of the United States,the EU,Canada and other countries will also introduce reviewing innovation competition issues into anti-monopoly legislation and law enforcement,and gradually improve it.No doubt,the control of concentration of undertakings is an Ex ante anti-monopoly review,and regulate innovation competition issues is conducive to safeguarding the interests of consumers and the public interest while protecting the fair competition in the market.In practice,the control of concentration of undertakings regulate innovation competition issues has also been criticized and questioned.Facing the particularity of innovation competition,and combining with the typical domestic and international cases in recent years,we can see that there are many difficulties in regulation competition in innovation.Including the identification of value objectives in the initial period,merger review and innovation policy conflict,the current corporate merger review path curing and other issues.The reason for the dilemma is that the competition in innovation has deepened the uncertainty of antitrust law;Lack of full coordination with innovation policies;The collapse of value target in the anti-monopoly law.Based on the fundamental principles of antitrust law,the way to solve the above dilemma lies in the balance between protecting competition and promoting the goal of innovation.To follow the development path of the integration of "freedom" and "intervention";Focus on the integration of physical and procedural mechanisms in cooperation.The control of concentration of undertakings regulate innovation competition issues has created many challenges to the current analysis system,which needs to be adapted to change.First of all,there are problems such as the inability to identify the potential competition risks of innovation competition and the inability to identify the non-quantifiable factors in the current reporting standards.Since it is difficult to raise these factors to the reporting standard,the public power of the anti-monopoly law enforcement agencies should be carefully expanded,and the right of the anti-monopoly law enforcement agencies to take the initiative to review should be refined.Secondly,in the process of relevant market definition,the particularity of innovation competition makes it difficult to apply traditional analytical methods,and the practice of the"innovation market" method in the United States and the "innovation space" method in the European Union.It shows that it is more appropriate to weaken the relevant market definition and focus on directly evidence against the background of difficult to overcome existing technical shortcomings.In addition,market share and market concentration indicators are similar to relevant market definition,and there are problems with application,and their value should be weakened as well.In the analysis of the anti-competitive effect,it is very difficult to form innovation collusion among operators,so the coordination effect is not obvious,and unilateral effects and anticompetitive foreclosure effect should be the focus of the analysis.In the exemption system for corporate mergers and acquisitions,it is necessary to focus on analyzing efficiency and entry defences.In fact,to meet the basic requirements of timeliness,adequacy and benefit to consumers.In the application of restrictive conditions,attention should be paid to the special features of the market structure,the target of implementation,the time limit setting and the supervision.The basic requirements of effecti veness,enforceability and non-creation of new competition issues are to balance the advantages and disadvantages of structural and behavioural conditions,and pay attention to the ex-post supervision of restrictive conditions.Compared with foreign legislation and law enforcement practice,China’s relevant legislation and law enforcement status show that the current legislation on the control of concentration of undertakings is difficult to meet the demand for innovation competition.The current law enforcement path is not conducive to the analysis of innovation competition.In this regard,it is necessary to make practical comments and prospects on China’s control of concentration of undertakings regulate innovation competition issues,drawing on the experience of anti-monopoly legislation and law enforcement in the United States,the European Union and other countries.Put forward the system suggestion with the creation,Including:clear and proactive review rights based on existing reporting standards;Weakening the relevant market definition in the innovation competition;Application of dilution of market share and market concentration indicators;Strengthening competition evaluation of concentration of undertakings;An analysis of efficiency and entry factors in the system of defence;Ensure reasonable selection and implementation of the restrictive conditions of the annex,etc.