Analysis of merger regulation and economical criteria Abstract: The United States of America has been the cradle of merger regulation. During the last century, the application of rules connected with merger assessment was evolving in connection with the then-prevalent economic schools (for example the University of Chicago, etc.) and in connection with the amount of regulation of American economy during certain periods. The Courts make decisions whether or not a merger leads or does not to a significant lessening of competition, whereas the petitioners can be persons affected by relevant merger, states or federal antitrust Agencies (FTC or DOJ). The notifications of the merging parties are being filed with the above Federal Antitrust Agencies according to the Hart-Scott-Rodino Antitrust Improvements Act. There are two possible anticompetitive effects of mergers - unilateral effects and coordinated effects. Both effects complement each other. These effects can be prevented by efficiency gains of the merged entity. The merger assessment in the European Union or the Czech Republic is relatively new in comparison with the US. In contrast to the US, the concentrations in the EU and the Czech Republic are cleared by the Antitrust Agencies (namely the European Commission or Czech Competition Office). The decisions...

本論文所稱之電視產業，包括無線電視、有線電視、衛星電視產業以及數位電視產業。集中化係與多元化相對之概念，電視產業之多元化分為二個層面，即電視產業所有權的多元化和輸出內容的多樣性。本論文所關切者係電視產業輸出內容的多樣性。由於產業追求利潤的本質和市場的競爭，電視產業所有權結構之多元與否，會直接或間接影響電視所呈現之內容或資訊之多樣性，二者間之關係為負相關。電視產業集中化對於廣播電視自由之保障和理想民主政治之實踐，均有負面之影響。此外，基於電視產業易市場失靈之特性，以及匯流和全球化使得電視產業集中化之程度升高，本文認為應該對於電視產業之集中化加以管制。是以，本文分析我國電視產業市場之現況與未來發展，認為其集中化程度有升高之趨勢。從我國和美國廣播電視自由與電視產業集中化管制之關連性、民主政治理念、電視產業之特性、匯流與全球化之影響，得出電視產業集中化之管制正當性。在需對於電視產業集中化管制之前提下，檢討我國現行之廣播電視法規和公平交易法，另參酌美國、英國和德國之立法例以為我國修法之借鏡，最後亦對於我國廣電三法合併修正草案作介紹。 / “TV media industry” explored in this thesis includes terrestrial TV industry, cable TV industry, satellite TV industry, and digital TV industry. The concept of “concentration” is contrast with “pluralism”. Pluralism of TV media industry is divided into two parts. One is diversity of ownership；the other is diversity of output content. The diversity of output content is chiefly focused in the thesis. According to high competition in the industry, the TV media ownership influences the diversity of output content； the correlation of them is opposite to each other. The concentration of TV media industry is kind of obstacle to the freedom of broadcasting and the accomplishment of democracy. Additionally, the market failures, convergence, and globalization increase the concentration of the TV media industry. Thus, this thesis analyzes the current and future situations, and the increasing tendency of concentration in Taiwan TV media industry. The thesis also states the necessary regulation on the concentration of Taiwan TV media industry. The outlines of the thesis are: the relation of broadcasting freedom and concentration of TV media industry both in Taiwan and U.S.A. markets, the nature of democracy in TV media industry, the market failures of TV media industry, the effects of convergence and globalization, the justification of necessary regulation on TV media industry, the current and future broadcasting laws, the current competition law in Taiwan, and the related laws in U.S.A. ,U.K. , Germany and European Union.

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