This year on August 1, brewed 14 years long " antitrust law " carry out formally. Social all circles is sufferred especially " two develop " (Australia needs and need develop and force develop company) the enterprise of Chinese iron and steel with amalgamative minatory forestall and enterprise of Chinese coloured metallurgy, be opposite this to be expressed great expectations with the law of economic constitution appellation by the coronal. Accordingly, "Two develop " amalgamative become China probably " antitrust law " the first case that after carrying out, investigates to the forestall outside the condition.
Plum new Yo expresses deputy researcher of academy of collaboration of economy of international trade of Department of Commerce, because two companies have tremendous effect to market of Chinese iron ore, buy manage to should accept China " antitrust law " tie.
It is reported, need and need develop already submitted antitrust application report to Chinese government on July 4, investigate the antitrust that accepts Chinese relevant section. Plum new Yo expresses, they buy what the activity will be come from Chinese respect to prevent.
"Two develop " amalgamative will be restricted
As we have learned, need and need develop wants those who finish pair of force develop to buy must satisfy two requirements: It is to should ask for capable develop to produce those who be in a country to agree in condition foreign capital; 2 if the forestall behavior outside the condition competes to Chinese churchyard market,be generation eliminates gender, restricted to affect, will get China " antitrust law " restrict, start antitrust to investigate a program likely.
For this, although be mixed surely,do not have mineral products resource surely, but both and amalgamative the staple market after is in China, because this also needs to submit amalgamative application to China, accept antitrust investigation of China.
To be in this one amalgamative case, come on stage recently " antitrust law " what kind of effectiveness can you develop after all? Analysis of plum new Yo says, above all " antitrust law " the 2nd regulation, "The forestall behavior outside condition of People's Republic of China, to churchyard market competitive generation eliminates, those who limit an influence is applicable this law. " the principle with definite place of this one clause, can need with Yu Bihe develop buys force develop one case. If Chinese steely industry can prove to need and need develop was disobeyed " antitrust law " the 3rd chapter " abusive market controls a position " clause, decide more likely its forestall.
As we have learned, " antitrust law " the regulation points out, if one party party is bought to own property in our country churchyard outside the condition,its and the above of 1.5 billion yuan of RMB, enterprise that concern about couplet are in the above of 3 billion yuan of RMB, turnover that goes up in Chinese market in those days Chinese market is had rate had achieved 20% , the market that because the company that makes its concern with concerned couplet is bought outside the condition,perhaps is in China is had rate achieve 25% wait for a circumstance, department of Commerce and country are industrial and commercial total bureau can be examined and buy whether to exist create churchyard market excessive concentration, obstructive churchyard just when the competition, state that harms churchyard consumer interest, make the decision that whether agrees.
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