“走出去”战略下的央企合并竞争审查:挑战与应对

The Competition Review of Merger of Central Enterprises under the Go-out Strategy: Challenges and Response

当前正蓬勃展开的新一轮央企合并,对一些行业的市场竞争产生巨大影响,并使反垄断主管机构的竞争审查面临着如何协调政府意愿与促进企业提升国际竞争能力的挑战。为应对挑战,集中审查工作需坚守竞争政策的基础性地位,辩证看待企业规模与国际竞争力的关系,同时通过与当前正在探索的公平竞争审查制度分工合作、竞争执法权与政策协调权分立配置、经营者集中豁免规则完善等,平衡维护市场有效竞争与实现政府产业政策及发展战略的关系。

The new round of merger of central enterprises is developing prosperously, which influences market competition greatly in some industries and makes antitrust authorities face great challenges in review for undertakings＇concentration that how to harmonize government＇s wishes and how to promote enterprises＂ internationalcompetitiveness. To address these challenges, we should keep the faith that competition policy occupies the fundamental position in review work and we need to take a dialectic attitude towards the relationship between firm size and international competitiveness. At the same time, we should take efforts to keep the balance between effective competition of market and industrial policy as well as development strategy by efficient cooperation with fair competition review system, separation between enforcement power of competitive law and coordination power of competitive policy, improvement of exemption rules about undertakings ＇concentration, and so on.