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企业兼并是发展规模经济、提高国际竞争力的有效手段,但同时也易形成垄断,对市场经济造成伤害。因此对企业兼并进行必要的规制是反垄断法的一大任务。我国国企兼并在企业兼并中占很大比重。由于我国处于由计划经济向市场经济转轨的历史阶段,与西方发达国家的企业兼并相比,国企兼并形成垄断有明显的特殊表现及其深层次原因。本文以西方工业国家企业兼并作为研究参照,探讨了国企资产重组形成垄断的特殊性,并提出相应时策。
Merger of enterprises is an effective measure to develop economies of scale and enhance international competitiveness. However, it is also easy to form a monopoly and hurt the market economy. Therefore, the necessary regulation of mergers and acquisitions is a major task of antitrust law. The merger of state-owned enterprises in China accounts for a large proportion of mergers and acquisitions. Since China is in the historical stage of transition from a planned economy to a market economy, compared with the merger of enterprises in the western developed countries, the monopoly of the merger of state-owned enterprises has obvious special performance and its underlying causes. In this paper, the western industrial countries as a corporate mergers and acquisitions as a reference, discusses the characteristics of state-owned assets reorganization of the formation of a monopoly, and propose appropriate policies.