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Research On The Anti-monopoly Matters In Mergers And Acquisitions Of Coal Mining Enterprises

Posted on:2012-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:R LiangFull Text:PDF
GTID:2216330368489644Subject:Economic Law
Abstract/Summary:
Coal is the most important and dominance energy resource in China, so Shanxi province, which has adequate coal resource, relies much on the coal industry to promote the economic and social development. However, some society contradictions and economic barriers are brought out by the over exploitation of coal industry in Shanxi. Recent years, a series of measurements have been taken by the administrative departments following the coal industry policy of national development and reform commission, including to perfect system, to strengthen management, to assure security, to conserve resource and to protect environment, etc. These measures play vital role in the transformational and safety development of coal industry in whole Shanxi province. Since the short time and the shallow levels of them, coal mining enterprises are still have significant different management levels and abnormal distribution, even coalmine accident happened in some ones, which have long distance to reach the development level we expected. So, in order to improve the whole coal industry system, China began with the national scale integration of coal resources, definitely, Shanxi province, which has the highest coal production, should stand in the breach. In such research background, this study has a specific objective to investigate the necessity of coal resource integration, the work effect in Shanxi and whole China, the potential problems will be faced and how to solve the doubt of monopoly by antitrust exemption way, also, the energy resource management cases in other foreign coal productive countries are used as references.This study analyzed the coal resource management system of foreigner countries, the necessity of resource integration in Shanxi and the current situation of coal mining enterprises by using the history analysis, comparison analysis and empirical analysis method. The consequence of this study are providing theoretical and legal support for this large scale coal resources integration in Shanxi and whole nation, perfecting the institutional and regulatory setting, promoting the action of reconstruction and transformation of coal mining enterprises. All investigation includes the following part:The 1st section talked about the existing state of affairs and present problems in this integration project in Shanxi. At first, introduced the background of coal resource integration project to establish its meaning; then elaborated the activities and achievements in Shanxi, and the effects of this project on the economic development in Shanxi; at last, discussed the present problems in this process and laid the foundation of this study.The 2nd section mainly discussed the anti-monopoly theory in business combination so that provide the theoretical basis and evidence for that coal resource integration is exception to apply antitrust law. Expounded the cases of corporate combinations and the examples of antitrust exemption in worldwide; found possible enlightenments for further enhance coal mining enterprises restricting and integration project and its related regulations.The last section gave an account of deep thinking about these problems present in integration project, and brought forward opinions on the following work. All study in this section based on the specific condition and central policy of China, set Shanxi as a pioneer in coal resource integration and considered the following potential problems by analyzing related regulations and laws.The conclusions of this research are following ones:the integration project of coal mining enterprises should be promoted in Shanxi, continue to increase the degree of coal industry concentration, to perfect the business combination, especially to establish antitrust exemption system, to provide legal support for integration project, so that Shanxi could seize this transformation development chance.
Keywords/Search Tags:M&A, coal mining enterprises, antitrust, antitrust exemption
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