Eu Merger Control System

The Merger Control Regulation of EC is an achievement that member states yield to parts of sovereignty in order to defense monopoly and economic concentration in European Common Market. Not only do it eliminate the conflict the member states apply national law create, but also effectively take precautions against the creation of monopoly and market power in European Common Market. Now, The Merger Control Regulation of EC has been a weapon that European Commission frequently apply in safeguarding competition order , which has lead to a significant influence in international market China has established the direction and destination about the reform of economic system, therefore, it is necessary for us to set up a integrated common market and to construct a freely and fairly competition environment. But the fact is china has not build perfect and effective law on merger and acquisition to protect the reform of economic system. Hence, the study on the Merger Control Regulation of European Community has greatly theory meaning and practice value .It is because of the above-mentioned background that the author decided to research on the Merger Control Regulation of EC.The article is made up of 6 parts,namely,the first part-introductory words and the body (5 sections ) ,totaling about 36, 000 words .In this article ,the Merger Control Regulation of EC is expounded upon comprehensively .From the sense of urgency that build orderly and healthy competitive circumstances and the necessity that cultivate effective competition market structure ,the author puts forward her suggestion on how to plant the said system.Part 1 introductory words . In this part, the indispensable importance on Merger Control Regulation of EC is introduced in European Community Competition Law .The author gives a general view on the background that the merger control regulation is created ,which demonstrate the research on merger control is absolutely necessary in China.Part 2, the substance rule in Merger Control Regulation of EC. In this part ,many words is put on the definition of merger and prohibitive conditions .It is necessary to definite the scope of merger from the lawaspect , which gives a prerequisite to implement the merger regulation .Furthermore, more attention is pay to the substance rule on merger control ,which consist of two key criterions : "Community Commission "and " non-compatible with common market". In the end, the authors put forward the essence of merger control : restricting the non-normal expand of enterprise dimension to restricting the non-normal expand of market power.Part 3, the procedural rule in Merger Control Regulation of EC. In this part, the author gives a detail illustration on three moves of the procedural rule of the merger control: the first step, compulsory pre-notification; the second step, the first stage investigation; the third step; serious doubt investigation . In addition , the judicial review of the European Court of Justice and the Court of First Instance of the European Communities is expounded upon in the procedural of merger control.Part 4, The application of Merger Control Regulation of EC in member states . There are two types law system that are executed in EC, which will unavoidable lead to conflict about jurisdictional area and the application of law .In this part , the author enumerate and analyzes lots of cases which draw to conclusions : national authorities must submit to the law of EC. At the same time , it is pointed out that it is the only way to guarantee the realization of European Community Treaty.Part 5, the extraterritorial force of Merger Control Regulation of EC In this part, three major principles is explained in detail through cases which is established by European Commission and European Court of Justice in practice : the principle of Economic Entity; the principle of Consequence of Territory; the principle of Performance of Territory.Part 6, inspiration of the Merger Control Regulation of EC to China . In this part, the first section deals with t...