Reserch On Legal Effect Of Non-competition Factors In Anti-monopoly Rewiew Of Concentration Between Undertakings

With the acceleration of world economic integration and the generalization of global capital flows, represented by enterprise mergers, acquisitions, concentration between undertakings is becoming one of the main form of world economic development, since the second half of the20th century. Concentration between different operators can supplement and concentrate money, material, personnel, technology, sales channels for each other quickly, so as to form scale economy, improve the management ability of the operators, enhance competitiveness in domestic and international markets. Therefore, the impact of concentration is profound. It not only affects the operator itself, operator’s employees, competitors, customers, regulators, but also has influence on the market structure, industrial organization, and even the country, the society. So, systematic and comprehensive analysis of concentration behavior is particularly important. It’s obviouse that the analysis of concentration behavior is a complicated process, which factors needs to be considered both the competition factors, and the non-competition factors including economic, political, administrative costs, cultural tradition, social interest.When it is foreign-related behavior,we also need to consider national security factors,such as diplomatic, military and so on. Through analysising of the definition of concentration between undertakings and the purposes and main factors of anti-monopoly review, we are trying to illustrate it is very necessary that non-competition factors should be considered in anti-monopoly review for the two reasons of multiple legislative purposes of anti-monopoly law and that it is also the practice in many countries.Based on the relevant legal provisions and cases, the non-competition factors can be defined as:in the anti-monopoly review, issues and reasons which is not in a competitive evaluation system, but is serving the purpose of anti-monopoly legislation value, and have a influence on decisions of anti-monopoly review. And the non-competition factors are divided into three types:the social public interest factors, national security factors and political factors.By the end, based on the analysis of non-competition factors in China’s review of concentration between undertakings, this paper finds out that the non-competition provisions is too simple substantively, and enforcement agencies lack a overall and stable analysis framework for non-competition factors. So countermeasures are put forward, such as the connotation of non-competition factors should be clearer, public participation and transparency should be improved in review of concentration between undertakings.