Research On Chinese Anti-monopoly Problems In Enterprise Consolidation

It's widely recognized that Market-Economy is the major type of economy nowadays, which is featured by the fact that different parties involved in are governed and adjusted by the Value Rules to ensure fair competitions. However, a truth worth our attention is that one of the side -effects derived from the Value Rules could contribute to the monopoly and centralization of the market. Although China is still on its initial stage of market-economy, it is imperative to regulate the enterprise consolidation by Anti-monopoly Law, since this will have huge significances in accelerating the establishment of our country's market-economy system, creating and maintaining the order and environment of fair competitions, safeguarding competitor and customers'legal interest, etc. China has already promulgated the"Anti-monopoly Law"to govern the enterprise consolidations, yet some scholars challenge the necessity of regulating the consolidation by this law. Furthermore, some limitations exist in this law in order to fulfill its purpose. Through investigating experiences and practices of legislation by western developed countries and other countries under similar economy transition, fundamental theory of enterprise consolidation, monopoly problems occurring during enterprise consolidation in the country, and"Anti-monopoly Law"itself, the author of this paper will try to propose suggestions to improve the function of this law in regulating enterprise consolidation.In the first part, the author studies the general principles of enterprise consolidations in the sense of"Anti-monopoly Law". By studying the juristical characteristics of corporation consolidations, restrictions on the beneficial impacts through competitions by different categories of corporation consolidations, and legislative practices in western country, a conclusion will be drawn to emphasize the indispensable requirement for this law to govern the enterprise consolidations.In the second part, the author focuses on the different theories and practices of regulating corporation consolidations through anti-monopoly law by western countries and other countries under economic transition. And by considering current conditions in China, such as industrial policies and development status of market economy, important relations demanded to be handled properly in regulating the enterprise consolidation.In the third part, the author proposes effective regulating models of anti-monopoly law according to our country's situation, discusses the standards for substantive control and procedural control over regulating corporation consolidation, and raises suggestions about amending the certain regulations of monopoly exemption in the current version of law.