중국 반독점법상의 기업결합규제 -사례분석-
Merger Control under China’s Antimonopoly Law: A Case Study
박병진(영남대학교)
15권, 103~136쪽
초록
Antitrust is one of the most important policy instruments used by policymakers to promote competition in modern market economies. This paper makes a study on the regulation of the merger of business operators in China’s antimonopoly law. China’s merger control policy have since been new developments in the review system. In summary, China’s merger control policy has combined the principles of U.S. and EU merger controls and has forged its own way to move forward. The agency is also resolved to monitor international mergers and to alleviate any the adverse effects on the Chinese market. Despite there is no clear rules guiding the assessment, MOFCOM seems not hindered from involving in antitrust review of gloval mergers. Although it has received some criticism from practitioners, MOFCOM has been on the right track to build an independent and trasparent merger review system. As China is still forming its own antitrust rules,companies must also constantly monitor the development of the Chinese law and practice.
Abstract
Antitrust is one of the most important policy instruments used by policymakers to promote competition in modern market economies. This paper makes a study on the regulation of the merger of business operators in China’s antimonopoly law. China’s merger control policy have since been new developments in the review system. In summary, China’s merger control policy has combined the principles of U.S. and EU merger controls and has forged its own way to move forward. The agency is also resolved to monitor international mergers and to alleviate any the adverse effects on the Chinese market. Despite there is no clear rules guiding the assessment, MOFCOM seems not hindered from involving in antitrust review of gloval mergers. Although it has received some criticism from practitioners, MOFCOM has been on the right track to build an independent and trasparent merger review system. As China is still forming its own antitrust rules,companies must also constantly monitor the development of the Chinese law and practice.
- 발행기관:
- 중국연구센터
- 분류:
- 지역학일반