애스크로AIPublic Preview
← 학술논문 검색
학술논문중국과 중국학2012.01 발행KCI 피인용 6

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
DOI:
http://dx.doi.org/10.17935/Chinan.2012.15..103
분류:
지역학일반

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
중국 반독점법상의 기업결합규제 -사례분석- | 중국과 중국학 2012 | AskLaw | 애스크로 AI