经营者集中的反垄断审查制度刍议简

市场经济大背景下,经营者集中活动无疑给参与者和整个市场带来了许多机遇,但与此同时也给良好市场竞争秩序的保持带来了挑战.经营者集中反垄断审查制度因此应运而生.这一制度广泛借鉴了他国优秀的立法与实践成果,满足了反垄断法内在的价值追求,但在申报标准、审查程序、审查标准等方面仍有不完整、不完善和值得商榷之处.

On the Antimonopoly Review of Concentration of Undertakings

The operators have concentrated their activities, which present opportunities to the whole market and participants and challenges to maintaining an orderly market as well in the back- ground of market economy. Accordingly, a systenl of antitrust review on concentration has emerged. This system is built on a wide study of outstanding outcome of foreign legislation and practice, thus working in accordance with the inner value pursuit of the antitrust law. Nevertheless, there are still inadequacy, imperfection and some problems for discussion when it comes to declaration standard, review procedure and review standard.