试论企业合并禁止的豁免

On the Immunity of Prohibition to Enterprise Merger

在反垄断法上,如果企业合并将产生或者加强市场支配地位并严重限制竞争,原则上应当禁止该项企业合并,以避免形成有弊害的垄断性市场结构。但如果该项企业合并一方面有严重限制竞争的弊处;另一方面又有利于整体经济或者社会公共利益等益处,反垄断主管机构则应当在合并的益处大于合并的弊处时批准该项合并,这就是企业合并禁止的豁免。

According to the anti-monopoly law, if a merger brings about or strengthens its market dominance and, in turn, severely restricts competition, it will be prohibited in principle so as to avoid the formation of a harmful monopolized market. However, if the merger has more advantages to the whole economy or public social benefits than its disadvantages in terms of competition, the department responsible for anti-monopoly should approve the merger. This is called the immunity of prohibition to enterprise merger.