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论述经营者集中。

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正确答案:

经营者集中是指两个或者两个以上相互独立的企业合并成为一个企业,或者企业之间通过去的股权或资产通过合同等方式,是一个企业能够直接或者间接控制另一个企业。

经营者集中形式:

(1)经营者合并,是指两个或者两个以上的企业通过订立合并协议,根据相关法律合并成为一家企业的法律行为。经营者合并其实就是公司法意义上的公司合并。

(2)经营者通过取得股权或者资产的方式取得对其他经营者的控制权。

(3)经营者通过合同等方式取得对其他经营者的控制权或者能够对其他经营者施加决定性影响。

对经营者集中不予禁止的情形:

(1)集中对竞争产生的有利影响明显大于不利影响。

(2)集中符合社会公共利益。

答案解析:

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