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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/85169

    Title: 論水平結合管制的準則—整體經濟利益與限制競爭不利益
    Other Titles: A Discussion on the Criterion of Horizontal Combination Regulation - the Overall Economic Advantages and the Competition Restrains Disadvantages
    Authors: 莊春發
    Contributors: 淡江大學產業經濟學系
    Date: 2007
    Issue Date: 2013-04-08 15:25:29 (UTC+8)
    Publisher: 臺北市:行政院公平交易委員會
    Abstract: 結合管制的目的,依據結構學派的學說,基本上是以事先之手段,防止市場結
    與一般作業程序。惟在規則上若平標準與條件,仍存在有若干的改善空間。The purpose of combination regulation, according to the hypothesis of Structure
    School, fundamentally is to keep the aggravation of market structure, and the potentially
    accompanied abuse of monopoly power and collusion off in advance. The judgments of
    Taiwanese Fair Trade Act (FTA) upon enterprises combinations are on the basis of the
    intensities of two considerations - the overall economic advantages and the competition
    restrain disadvantages. However, the inclusions of the two measures are invariably
    ambiguous that indeed results in numerous subjective adjudications in practice. Setting
    out from the motivation of combination, this study analysis the reason that individual
    firm prefers the strategy of external. growth - combination to others in the first place. The
    presumable confusion and difficulty in the means of combination regulation - preventing ex
    post behaviors by using ex ante regulation are then proposed. Subsequently, an economic
    theoretical model is constructed to explore the overall economic advantages - cost saving,
    and the competition restrains disadvantages - loss to allocation efficiency, accompanied by
    the occurrence of combination in the specific industry.
    Despite that the economic analysis can provide an objective basis for judging the appropriateness
    of combination, there still remains obstacle to implement operationally. By
    virtue of referring the experience of western country, particularly the merger regulation in
    US, it is revealed that the key point is back to the variation of market structure after the behavior of combination. Fortunately, after a series of experiment of Taiwanese Fair Trade
    Commission (FTC) more than ten years, the way to the market structure regulation is also
    gradually became aware of. Accordingly, referring to the experience in western country, the
    similar regulation divided the combination regulation into simplified and general operational
    procedures can be instituted. But, to a certain extent the further refinements of some criteria
    are still needed.
    Relation: 第14屆競爭政策與公平交易法學術研討會論文集,頁83-121
    Appears in Collections:[產業經濟學系暨研究所] 會議論文

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