| In the field of anti-monopoly law,there are always discussions on the theory and practice of concentration between undertakings.On the one hand,The concentration of operators is conducive to achieving economies of scale,thereby improving social production efficiency.On the other hand,unrestricted concentration of operators will be a hindrance to fair competition in the market.In view of this,all countries in the world have chosen to regulate the concentration of managers that may affect the market competition pattern,thereby maintaining free and fair competition in the market,and escorting the realization of consumer welfare.In the process of centralized regulation of managers,the quality of the declaration review system directly affects the implementation effect of centralized control of managers.Therefore,in-depth analysis and further improvement of the existing filing review procedures will help the smooth progress of antitrust law enforcement and the realization of the goal value of the antitrust law to maintain fair competition in the market.This article will proceed from the procedural provisions of the centralized declaration and review system for operators,analyze its existing deficiencies in light of practical conditions,and refer to the relevant experience of other countries,to try to point out the path to improve the prior declaration system for the concentration of operators in China.With a view to creating a more scientific,reasonable,and enforceable declaration review system,and providing rule of law protection for creating an open,competitive,and orderly market system and perfecting the socialist market economic system.First,this article systematically explains the basic theory of concentration of managers.It defines the relevant concepts and classification standards for the concentration of operators,and indicates that the implementation of the review system for the centralized declaration of operators is an inevitable requirement for maintaining fair competition in the market.Secondly,this article analyzes China’s current declaration review system.Through combing the relevant legislative documents,it is pointed out that the current declaration review system has the problems of single reporting standard,long review time limit,single form of legal liability and very light penalties.Provided strong support for the next step to improve the system of centralized declaration review ofoperators.Thirdly,this article focuses on the perspective of writing in the European Union,the United States,and South Korea,and sorts out and summarizes relevant overseas experiences,and extracts practices that can be used for reference in China to provide reference for the next step to improve China’s relevant procedures.Finally,through the above analysis,this article puts forward relevant suggestions for the centralized declaration review system of Chinese operators,such as introducing multiple dynamic reporting standards,appropriately shortening the review period,and reasonably increasing penalties,etc.The declaration review system burst out new vitality and vitality to provide support. |
