關鍵字:水平結合、市場佔有率、市場集中度、反托拉斯。 It has become a consensus among the anti-trust field that the competition authorizations will not request the merger business which does not have concerns of anti-competition or substantially lessening competition to provide voluminous data. These non-problematic merger cases will enjoy the treatment of fast decree.
Under the fast decision-made requirement, whether there are legally un-notified/un-filed cases with the concerns of anti-competition or substantially lessening competition, it is closely related to the notification or filing thresholds. According to the dIssertation, the current thresholds in Taiwan do exempt the merger business of high concentration ratio or high market share from the notification/filing obligation; whereas those with low concentration or share have to notify/file. Besides, the similar scenarios are also found in merger definition and relevant market coverage.
Empirical analysis of Taiwan markets was conducted to further understand the criteria of quick look and in-dept review. It has found when the market share difference between two businesses is larger than 20%, which means the relative market share is smaller than 0.8, it can be concluded that there is an obvious market share difference, thus there will not have conflict or ranking change between these two businesses. Using the relative market share 0.8 and the market ranking can better illustrate the competition configuration and be more quickly in determining whether there are concerns of anti-competition or substantially lessening competition. These two criteria are more explicit than the criterion of market share (absolute market share) or concentration ratio used currently.