Sovereignty and international antitrust merger control Study
|School||East China University of Political Science|
|Keywords||Sovereignty Merger control Analysis of the distribution of power EU International Competition Network|
Under the trend of economic globalization, merger control regime in a process of internationalization, the internationalization is not only a dynamic historical process. In this process of internationalization, an important question is the extent to which countries need to transferring sovereignty, as well as the extent to which countries willing to transferring sovereignty. Specifically, with respect to the relationship between sovereignty and merger control, from a national perspective of sovereignty, then an international merger control regime implies the establishment of autonomous international system, which will inevitably affect the national sovereignty, while a national merger control regime The extraterritorial enforcement is bound to affect the sovereignty of other countries. From an international perspective, the merger control related to the concentration of power in an autonomous system of international institutions in the process, given doctrine from the real law school perspective, necessarily requires countries in the existing notions of sovereignty based on their consent to build, but once Such a system is established, national and international organizations on the sovereignty of all the controversy will appear in the meantime. Controversy about globalization has never stopped, in this situation, merger control system go from here? Concentration of power in the relevant international organizations, or retained at the national level? Try this article using the sovereign power distribution analysis method to analyze this a problem. In the first chapter briefly describes the concepts related to mergers and acquisitions and globalization environment merger control system, the second chapter is based on the concepts of sovereignty, sovereignty merger control regime in the process of internationalization of the significance of the introduction, leads Professor Jackson's sovereign power distribution analysis method to analyze the merger control legislation and law enforcement related to the distribution of power. The third chapter introduces the EU merger control system, power distribution system, as a regional international competition law regime, the EU's experience for the development of international merger control regime has a reference. The fourth chapter is based on respect for sovereignty based on the theory of global governance, international law, created from the perspective of a non-traditional way, introduces the ICN merger control regime in international convergence of some impact, although this convergence can become international customary law are there are still uncertain, but at least it can be regarded as a source. Overall, the merger control regime, the establishment of international (and thus also centralized) merger control regime still has a long way to go, the middle need to do is to be clear what the powers transferred to the merger control international organizations to perform more efficiently, which retained at the national level is more good.