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经营者集中(并购)作为企业扩大规模、提高效益最直接最有效的方法之一,正在越来越多的被企业所运用。但由于经营者集中可能产生排除或限制竞争的效果,历来是各国反垄断审查的重点。我国反垄断法及配套规定的颁布实施,为经营者集中的反垄断审查提供了法律依据,但由于我国在经营者集中的反垄断审查的理论研究较为缺乏、立法经验不足,在实际操作中也存在诸多问题。发达国家、地区和经济组织先进的理论研究、立法及实践经验,值得我们借鉴和学习。
Concentration of managers (M & A) is one of the most direct and effective ways for enterprises to expand their scale and improve profits. More and more enterprises are using them. However, the concentration of managers may have the effect of excluding or restricting competition, which has always been the focus of antitrust review in various countries. The promulgation and implementation of antitrust law and supporting regulations in our country provide the legal basis for antitrust censorship of concentration of managers. However, due to the lack of theoretical research on antitrust censorship in the concentration of managers in our country, the legislative experience is not enough. In practice, There are many problems. The advanced theoretical research, legislation and practical experience of the developed countries, regions and economic organizations deserve our reference and study.