On Operator Concentration Reporting Review System

Operator concentration is that natural person,corporation or other organization which produces or sells goods and services controls others or is controlled by others by combining,purchasing property and stocks,agreement,request management,joint management or personnel pluralism,so the controller can control the others or exert them the decisive influence.The result of business combination is maybe advantageous for the market competition or otherwise.And for playing its positive role,many governments in the world take the declaration examination system of business combination as the principal means to prevent the monopoly,that means that the conformist declaration standard centralized participant to carry on anticipation or afterward declaration,and then the anti-monopoly administration look through the declaration through legislation proceedings and standards and make allowance decision or not.However,what is the difference between procedures of each country and how to choose it in our country?The thesis introduces and compares the declaration examination system of operator concentration in different countries by the methods of empirical analysis meaning explanation.Based on the comparison,it points out the insufficient in "Anti-monopoly Law" and gives some suggestions.The thesis is made of five parts.In the first part,the thesis analyses the connotation and extension of this system and its types.And then it points that it is essential to establish the system,that is to prevent monopoly.The second part is on operator's centralized declaration procedure.In this part,after comparing prior and afterward notification,the thesis thinks that report beforehand system is better.After that,it introduces the choices of different countries and Chinese "Antimonopoly Law".Thirdly,it analyses the necessity of the establishment of the consulted system in anticipation.At the end of this part,it shows the legal consequences if the operator,taking German Competition Law as an example,violates concentrating the declaration procedures.The third part is on the content and standard of the business combination declaration. Firstly,it elaborates the important constitution,including object one and scale one. Secondly,it analyses the standard of the system by introducing the stipulation of the European Union,the USA and Japan.After that,the thesis gives the suggestion of the system content and standard.In the forth part,based on the introduce of the European Union Legislation,the thesis analyses the first and the second stage audit program and authorization procedure attaches the condition and puts forward the proposal how to consummate Anti-monopoly Law.The last part is on the substantive test of examination the business combination. After introducing the European Union's significantly impeding effective competition and American substantially lessen competition standard,the thesis elaborates which elements should be considered in the entity standard,its trend of development and exemption system,puts forward the proposal of Chinese entity standard.