Study On Efficiency Defense Of Concentration In The Anti-monopoly Examination

Efficiency defense is an important right for undertakings defense themselves in the proceedings of anti-monopoly examination. This right not only endows opportunities of explanation, but also places the duty of proof on the side of respective undertakings. Exertion of efficiency defense and appropriate examination of efficiency defense will benefit the customers for the efficiency brought by scale-economy, and it will prevent market competition structure from being jeopardized by anti-competition effect as well.This dissertation was written begin with the concept of efficiency defense and existing importance, history and function of it. The study is focusing on the development, theory and stipulations of efficiency defense in the United States and European Community. Clear the progress of efficiency defense development by showing cases. Base on the same, the author want to study the experience of other countries to create a more detailed efficiency defense system. Hope the Anti-Monopoly Law of China can be more perfect in the near future.This article is separated into four parts. The first one is discussion about basic questions of efficiency defense under the circumstances of concentration of undertakings. The first chapter began with the concept of undertaking concentration and efficiency defense or efficiency claim. Then the author discussed about defect of law in our country for the preparation of future amendment. Introduction of theory of efficiency defense is in the second chapter. The third one is making comments on the development of efficiency defense of United States of America and European Community. Through compare, the author wants to show the attitudes change of these two hereof. The development can be a very good example to our country in the respect of law making. At the last part, the author try to fill in the blank of the Anti-Monopoly Law of China, though learn from other countries'experience. The contributions are about the stipulation, regulatory and relief of the efficiency defense.