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Antitrust Regulation of foreign mergers and acquisitions in China

Author: FuWenJing
Tutor: ShiXiaoLi
School: China University of Political Science
Course: International Law
Keywords: Anti-monopoly law Antitrust Regulation Basic principles Negative effects Value orientation Foreign investment Economic development Necessity M \u0026 A wave Monopoly
CLC: D922.294
Type: Master's thesis
Year: 2006
Downloads: 332
Quote: 2
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Abstract


In the context of economic globalization, cross-border mergers and acquisitions has become one of the main forms of international direct investment (FDI). Since the 90s of the last century, with the degree of China's opening to the outside world continues to improve, the cross-border mergers and acquisitions wave of China's economic development also presents a growing trend. One hand, multinational mergers and acquisitions brought Chinese enterprises need capital, technology and management experience, has played a certain role in promoting restructuring and the strategic adjustment of the industrial structure optimization of the factors of production in China; but it is also a \sword \As a huge potential for development of foreign mergers and acquisitions market, China so far has not been formally introduced a special \the reality of the need for regulation. Therefore, we must learn from foreign experience in legislation, improve the relevant legislation in China as soon as possible. In view of this, I chose \the Substantive and procedural requirements, sanctions and enforcement issues discussed. The paper is divided into three parts expand. The first part, the necessity of the Antitrust Regulation of foreign mergers and acquisitions, and basic principles. First expounded the relationship between monopoly and competition, reveal the monopoly of its own anti-competitive effect; through the analysis of the negative effects of foreign mergers and acquisitions, come out of the significance and necessity of foreign mergers and acquisitions Antitrust Regulation; then discusses the value orientation of foreign mergers and acquisitions Antitrust Regulation basic principle: To maintain effective competition as the value orientation of the legislation; basic principles, including the principle of rationality and the principle of safeguarding national interests; through a unified AML legislation to regulate all types of business combinations. monopoly problem, which of course include foreign mergers and acquisitions. The second part of the substantive rules of foreign mergers and acquisitions Antitrust Regulation envisaged; borrowing from antitrust legislation relevant experience, mainly from the de facto standard prohibits foreign monopoly merger, finds that the foreign monopoly mergers and acquisitions analysis methods and the exemption of foreign mergers and acquisitions aspects to elaborate and propose targeted legislative proposals combined with our current situation. The third part of foreign mergers and acquisitions Antitrust Regulation procedural rules and enforcement of assumptions; Antitrust Regulation on foreign mergers and acquisitions by comparing the foreign-related legislation, program content, such as the declaration of the procedural rules of the review and monitoring, as well as the competent authority set anti- the monopoly law extraterritorial enforcement of the recommendations. Conclusion: China should formulate a unified anti-monopoly law, foreign mergers and acquisitions antitrust regulatory issues to make special provisions targeted.

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