중국 반독점법상 기업결합의 규제

In August of 2008, the Anti-Monopoly Law(AML), China's first comprehensive antitrust law, became effective. Theres are three areas in AML, which are Monopolistic Agreements, Abuse of Dominant Market Power, and control of Mergers. This thesis contains the procedural issues and substantial issues on control of Mergers in China. First, it would preferable to have a shorter application and examination period in Merger Control. AML demands 180 days for examination of Merger. In this point, AML needs to be repaired to fasten the procedure of Merger, which would help give the Meger related people a confidence in their actions. Second, examination process should be tailored according to the due process of law. Applicant should have a right to give a affirmative opinion on the Merger in question. Also he should be given a right to make any restrictive conditions on the Merger in consultation with the antimonopoly bureau of Ministry of commerce(MOFCOM). By this process, anti-monopoly regulatory authority would have the applicant adjust his plan to the policy, which he wants to choice. Third, MOFCOM should handle foreign investors with impartiality in Merger control in question. After Coca-Cola/ Huiyuan decision, it is true that there has been a skepticism over MOFCOM's neutrality and professionalism. In conclusion, it is necessary for MOFCOM to adhere to the competitive policy rather than industrial policy or protectionism in handling the Merger cases.