Research On The Legal Issues Of The Standards For The Centralized Examination Of Undertakings Concentration

Under the background of the rapid development of China’s market economy and the accelerating economic globalization,the concentration of undertakings is increasing day by day.Concentration of undertakings will have two influences.On the one hand,it will help operators to generate economies of scale,improve their own economic benefit,save the cost of the whole society,and improve the economic benefits of the whole society.On the other hand,it may also produce anti-competitive effects,such as excessive market concentration,large enterprise scale and even dominant market position,which will eventually lead to the loss of market vitality,decline in the overall social and economic benefits,and ultimately harm the interests of consumers.Therefore,the review standard of concentration of undertakings is an important content of anti-monopoly law enforcement,in order to better balance the interests of the two sides,it is necessary to improve the review standard of concentration of undertakings.Clear undertakings concentration examination standard mainly involves three questions: what standard can undertakings concentration achieve be forbidden? If a concentration should be prohibited,what are the conditions under which it can be exempted? What are some of the factors that law enforcement agencies typically consider in their reviews? This article introduces some basic theories of outside undertakings concentration review standards,to the developed countries outside of concentration review standard comparison,analyzes the concentration review announcement,refer to other relevant laws and regulations in our country,use outside the legislative experience of developed countries for reference,for our country concentration review standards to improve and perfect the train of thought.This paper mainly consists of four parts:the first part is concentration review standards related basic theory,first introduced overview of concentration review standard,review and analysis to determine the concentration standard guidelines,including safe harbor rules,anti-competitive evaluation rules and defense rules.in the second part is the outside concentration review standards and evaluation,through the analysis of the carding the German concentration review standard legislation,summed up the outside concentration review standards mature legislative experiences,prominent substantive investigation factors mainly includes the principle standard conforms to quantify the exemptions stipulated has clarity.The third part is the current situation and problems of concentration review standard,based on the actual state of legislation in the concentration review,published by the law enforcement agency shall be the case as the breakthrough point,points out the review standards of current legislation deficiency,major principled review of fuzzy factor quantitative standard is not explicit waiver for connotation of the social and public interests is not clear in the fourth part is the suggestions of perfecting our country’s concentration review standard,put forward three suggestions: first of all,the Anti-Monopoly law of the principle of concentration in the examination standard was revised has or may have substantial ruled out limiting the effect of competition;secondly,the market share of 20% is taken as the market share safe port standard for the horizontal operator concentration review,and the market share of 30% is taken as the market share safe port standard for the non-horizontal operator concentration review,and the HHI value is quantified by referring to the provisions of the United States.Thirdly,it enumerates and illustrates the connotation of the causes of exemption in the social public interest concretely,and makes the provision for the bottom.