Research On The System Of Exemption Of Anti-monopoly Of Business Combination

Anti-monopoly law is regarded as "economic constitution" in market economy countries, which holds the banner of free competition and strongly opposes behaviors of impeding or restricting competition. Enterprises merging as one of the principal actors naturally become the core system of antitrust regulation. However, not all mergers lead to monopoly and are prohibited by the law. So many countries'anti-monopoly laws usually exempt enterprise merges whose advantages outweigh the disadvantages. This is called enterprises merging antitrust exemption system.This thesis begins from the enterprises merging antitrust exemption system outlined with the methods including analysis for the legal regulations, value analysis and comparative study of national legislation and other means, and it defines the concepts of enterprise mergers and enterprises merging antitrust exemption. Then, it analyses the value of enterprises merging antitrust exemption, and compares the legislative experience and the judicial practice of enterprises merging antitrust system between civil law system and common law system. The author hopes it may be helpful to the system's establishment in our country through the analysis of the specialty of enterprises merging antitrust exemption both in entities and procedures. Finally, this thesis points out the deficiencies in"Anti-monopoly law of the People's Republic of China"which has been promulgated in China, and proposes some advices in building enterprises merging antitrust exemption system both in entities and procedures. It's the purpose of this paper to do some effort in order to perfect the enterprises merging antitrust exemption.