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Cross-border mergers and acquisitions in the Antitrust Law Regulation

Author: ChenChangBao
Tutor: XinBaiChun
School: Heilongjiang University
Course: International Law
Keywords: cross-border M&A Monopoly Antitrust Law International harmonization
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 47
Quote: 0
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With the global economic integration, cross-border mergers and acquisitions(M&A)have become an international direct investment (FDI) in the main form. Cross-border M&A can effectively enhance the international competitiveness of enterprises, accounting for the international market to gain a dominant market position accordingly, the formation of monopoly. Transnational nature of cross-border mergers and acquisitions, cross-border M&A form a monopoly which would undermine fair and free competition order in the world market, most countries have developed anti-monopoly law to regulate it. As the national situation, the development of anti-monopoly law there are some differences, the same mergers and acquisitions (M&A) will be regulated from antitrust in different countries, in anti-monopoly law these differences will increase the cost of mergers and acquisitions and become the international trade and international investment barriers. States to adopt anti-monopoly legislation, enter into bilateral, multilateral or regional coordination and cooperation to resolve cross-border mergers and acquisitions monopoly formed. The United States, Germany, the European Union and the World Trade Organization (WTO), OECD are typical examples. In view of the differences in all countries antimonopoly law in cross-border M&A anti-monopoly law of conflict, the international community need to balance the interests of all members, so the world should work together to develop an international antitrust law. Finally, we discuss to consummate our country transnational mergers and acquisitions antitrust legal countermeasure, introduce cross-border M&A in China anti-monopoly legislation and the status of international coordination mechanisms, point out the inadequacies of anti-monopoly legislation, drawing on the experience of foreign anti-monopoly legislation, make recommendations .

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