企业混合合并的竞争法分析

An Analysis of Competition Law on the Conglomerate Mergers

企业合并控制制度一直是各国反垄断法中的重要内容。随着我国经济逐步融入全球经济和市场经济的不断发展,企业合并的经营者集中越来越成为我国企业的普遍选择,其中混合合并因为便于企业实现多元化经营和经营战略转移形成效率抗辩,且一般不直接限制或妨碍竞争而与反垄断法无涉,从而形成市场和政府的双重偏好。然而通过非合作效应和合作效应分析可以得出混合合并在一定条件下也会产生反竞争效果。近年来,欧盟、澳大利亚的立法变革都明显提高了对混合合并反竞争效果的立法警觉。我国需要从竞争法视角重新审视企业混合合并,对其反垄断规制要坚持效率抗辩和整体权衡,反对弊大于利的合并,使混合合并在我国经济发展中避害扬善。

Merger regulation system has been an important part of the anti-monopoly law. As China＇s economy run into the global economic integration and the continuous development of market economy, many enterprises in order to rapidly enhance its competitiveness at home and abroad, they have chosen to focus on the merger way. Conglomerate merger is to be used more and more. As con- glomerate merger are generally not directly involved in the relevant market substantial lessening of competition, it under the tolerance for anti-monopoly law. And this complementary conglomerate merger can spread the effectiveness risks, and it now increasingly becoming the main force mergers. However, conglomerate merger will also play a negative impact on competition. The European Union and Australia are markedly improved their alert on the mixed impact of the merger anti-competitive legislative. In our country it is necessary to explore and study the anti-competitive effects caused by the over-or improper conglomerate merger, in order to build a systematic, comprehensive anti-too- nopoly regulation system.