A critical evaluation of the analysis of horizontal mergers under the Anti-Monopoly Law in China — what can we learn from the EU?

K Law (General)

Li, Yuanshan ; Furse , Mark

University:University of Glasgow

Department:School of Law

关键词: merger control, Anti-Monopoly law, China;   

Others  :  http://theses.gla.ac.uk/4943/1/2013liphd.pdf

来源: University of Glasgow

【 摘 要 】

This thesis is concerned with the problems met by the antitrust authority of the Anti-Monopoly Law (the AML 2008) of the People’s Republic of China (PRC) during its merger control assessment. It provides solutions to some of these problems with reference to EU competition law. Although the thesis cannot solve all the problems once for all, it does provide effective solutions to the two following important issues: Firstly, how to make the horizontal merger analysis in China better predicts the effects of merger on the competitive process? Secondly, how to improve the public transparency of antitrust merger assessment in China?Chinese Anti-Monopoly Law's horizontal merger assessment is still immature and experiencing further challenges for development. In order to establish a more appropriate and transparent merger control regime, the thesis chooses EU competition law to compare. Not only because it is more advanced, but also, because the AML 2008 is heavily influenced by the regime. However, it is noteworthy that the experience from EU cannot solve all problems met by Chinese antitrust authority; especially those are caused by Chinese political and economic structure which EU did not have. Nevertheless, by solving the problems met in the above two aspects, the thesis has contributed to a more effective and transparent horizontal merger control regime for Chinese Anti-Monopoly Law. Translations of titles, authors, and publishers from Chinese works are unofficial, and the laws in this thesis are up to date at 30 June 2013.