Research Of The Legal Issues Of China Concentration Of Business Operators Reporting Standards

The reporting standards is the starting point of the concentration of business operators(CBO) declaration system, which decide whether a CBO should be reported or not. What’s more, the reporting standards also direct people to measure their CBO, which helps the government to balance the Economic benefits and antitrust risk. In 2008, the Sate Council appear the 《reporting standards of the concentration of business operators》. With the assistance of the Department of Commerce, the Sate Council set up a developing reporting standards in China. However, as a result of lacking of legislative experience and blindly copying of EU, the standards is still incomplete, which reflecting in applicable object、general and special standards. Narrow applicable object、single structure、rigid amount and lacking of exemption leads to informal reporting、wasting of administrative resources and conflicting of policies.Arming with the work experience in Guang Dong DC and the communication with the Legal Supervisors from Ping An insurance、Hsu Fu Chi and TCL, I attempt to review the reporting standards comprehensively、find out the legal issues and make clear the utility of revision. To solve this problem, at first we can combine with the experience of USA and EU, integrating the existing rules. Secondly, we have to expand the scope of application. Thirdly, we have to redesign the reporting standards and remold the general standards. Last but not the less, the special standards have to be improved.