论禁止经营者集中之例外的实体标准-国际法学专业论文.docxVIP

Abstract Anti-Monopoly Law is regarded as the “Economic Constitution” of market economy countries. It is dedicated to maintain the free competition order and to oppose any conduct impeding or restricting competition. As one of the “Three Pillars” of Anti-Monopoly Law, regulation on enterprise merger has been a core part of it. On one hand, enterprise may take advantage of its advantageous status after merger to obtain unfair benefits. On the other hand, merger may optimize enterprise structure, promote scale economy and be propitious to competition to some extent. Therefore, mergers whose advantages cover its disadvantages are often approved by countries around the world. Author applies several means, such as value analysis, comparative analysis, historical inspection and case analysis to lucubrate the exceptions to the forbidden rules regarding enterprise merger in Anti-Monopoly Law. And the newly promulgated Anti-Monopoly Law of PRC brings this thesis novelty and necessity. This thesis includes three chapters other than introduction and conclusion, and the contents are as follows: Chapter One, author defines the enterprise merger under Anti-Monopoly Law, and the exceptions to its forbidden rules by comparing correlative concepts of other countries. Then author discusses the basis of the system, including its value, economic and legal goal. Chapter Two, author concludes the main exceptions by analyzing and comparing America, Germany and Japan’s relative legal provisions and judicatory practices, which may benefit the construction of China’s regulation in the near future. Chapter Three, author analyzes the current legislation about this system in China. That is “Regulation for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors” and “Anti-Monopoly Law”. Author points out the aspects which need to be further considered, including the definition of “Public Interest” and the relationship between competition policy and industry policy, etc. In additio