Research On The Public Interest Exemption System In The Examination Of Concentration Of Operators

Article 28 of Chinese Anti-monopoly law and the relevant supporting regulations and departmental rules have jointly established the public interest exemption system in the review of the concentration of business operators in China.Article 28 of Chinese Anti-monopoly law and the relevant supporting regulations and departmental rules have jointly established the public interest exemption system in the review of the concentration of business operators in China.The public interest exemption system occupies an important position in the anti-monopoly law system.However,due to the vagueness of relevant laws and regulations,there are many problems in the exemption system of public interest in the review of the concentration of business operators in China,and there are also many questions and disputes in the theoretical circle.Therefore,starting from the theoretical basis of the exemption system of public interest in the concentration of business operators,this paper makes a concrete analysis of the exemption system of public interest,explores the fundamental problems,solves the problems and improves the relevant systems,so as to truly realize the purpose and value of the exemption system of public interest.By using interest analysis method and economic analysis method,this paper expounds the important concepts of the exemption system of public interest in the centralized examination of business operators,and emphatically analyzes the definition and constituent elements of the centralized examination of business operators and the exemption system of public interest.Then it demonstrates the necessity and justification of exemption system of concentration of operators from three aspects: welfare economics theory,value diversification theory,competition policy and industrial policy coordination theory.The relevant legal provisions are sorted out to make it clear that the public interest studied in this paper is not based on the competition policy,and the centralized review organization and review process of Chinese operators are introduced.This paper points out the defects of the public interest exemption system in the review of the concentration of business operators in China.There are some problems in the substantive rules,such as the lack of legislation on the definition of public interest,the dispute on the definition of public interest,and the choice of the path of public interest exemption.There are problems in the procedure specification,such as the establishment of law enforcement agencies,insufficient information publicity,and imperfect hearing procedures.This paper analyzes the legislation and practice of the public interest exemption system in the United States,Britain and Germany,summarizes the enlightenment to the construction of the public interest exemption system in China,and puts forward Suggestions to improve the system accordingly.In terms of substantive rules,the public interest should be defined as the interest of the vast majority of people,and the matters of public interest should be listed in the open to determine the independent immunity status of public interest immunity;In terms of procedural norms,the Anti-monopoly Committee of the State Council is determined to be an independent public interest exemption examination body,and the information of examination is fully disclosed and the hearing procedure is improved.