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Regulations on Transnational Investment Monopoly in Developing Country

Author: LiuShuaiXian
Tutor: ZhouZhongHai
School: China University of Political Science
Course: International law
Keywords: World Trade Organization Anti-monopoly law Competition Law Oligopoly Merger and acquisition Core principles
CLC: D996.4
Type: PhD thesis
Year: 2008
Downloads: 393
Quote: 1
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Abstract

This multinational foreign direct investment caused by the impact of the economic monopoly by the host country. International legal aspects, yet the international anti-trust or international competition law; international antitrust bureau or International Competition Bureau international organizations competent authority. Therefore, there is need to develop international antitrust laws and the establishment of the International Anti-Monopoly Service is the subject of this thesis as the weft. Exactly, through the development of global economic integration, the proposed cross-border direct investment on the host country's economy caused by market monopoly for reflection. The accession to the World Trade Organization is not only bring opportunities and challenges for enterprises in developing countries in global economic integration initiative, the countries of the world are also facing foreign investors to enter the competition in the domestic market, merger and takeover battle is in full swing. In accordance with the timetable laid down by the industry open to join WTO, multinational merger and acquisition activities through market mechanisms into the host country market is inevitable thing, this is one aspect. Another aspect of this merger and acquisition activities in the host country market monopoly status will also appear. Developing countries on how to take neither interfere with the operation of the market economy, can also protect their own enterprise market, increase productivity, technology development, and improve competitiveness, make good use of the resource allocation problems, these are all on the economic point of view; From a legal point of view, we need to lead by the development of such cross-border investment or merger and acquisition activities the multinational monopoly market behavior, abuse of market advantages specification. In a market economy, enterprises are faced with a changing competitive environment, enterprises need to make changes in order to adapt to the new changes in the market, improve production efficiency and effective use of resources, to strengthen the international competitiveness of enterprises. Corporate investment overseas by cross-border mergers and acquisitions to achieve reallocation of resources, and to open up overseas markets. Business combination is a method of expansion in the market, today's corporate merger acquisition behavior is beyond national boundaries for cross-border investment, which occurred in Germany are set out in the 1990s, Daimler - Mercedes-Benz and the U.S. Chrysler major international understanding of the business combination event marks the starting point of a new round of cross international business combination, also indicates that the theory of global economic integration, such cross-border merger competition between enterprises will become more intense. Such transnational investment mergers and acquisitions in competitive activities between countries have to consider the resulting market monopoly. International antitrust antitrust laws in various domestic  head, hi , based porcelain capsule Huan ⒄ ditch squid myself far from lazy ⒌ Farm  Sang Э? International antitrust laws is to standardize the management and coordination between the national economic functions. As mentioned above, the economic globalization, the competition is no longer limited to the territory of a State, the behavior of each subject on the market, how much will be directly or indirectly affect the order of international competition, international antitrust national antitrust laws standardize the market competition, the domestic anti-monopoly law is not only the role of competition in domestic relations, also adapt to foreign competition relations. On the issue of cross-border investment mergers and acquisitions, antitrust laws insights; First, the merger of two or more enterprises incorporated into an existing enterprise or combined into a new enterprise; second, through the acquisition of shares on the other enterprises controlled by changing the options to obtain the means of the actual control of the acquired company; Third, two or more enterprises to retain separate legal personality is formed by the agreement, joint venture and other control and be controlled relationship, this is a cartel economic form of the market. In economics, an oligopoly is that there is only a handful of companies on the market, they are engaged in a homogeneous product or different products, their production and sales accounted for a large share of the entire market. Interdependence between them, to be out of the market difficult to each other, in addition to price competition and non-price competition. Discussion monopoly from a single corporate behavior based on the study was designed to examine the oligarchs decimal enterprise units, from the amount to be able to form a small group of two to five acts. So in this research project, I will explore the causes of international monopoly, such cross-border direct investment behavior What impact is to invest in the country economy. Study oligarchic monopoly behavior combined together to explore, through the monopoly of the economic theory of law (merger acquisition method). Finally, the development of international antitrust legislation what norms. Solve the monopoly problem, first of all, we look at the relationship between economic development and the monopoly policy. Secondly, it is necessary to see what way to measure corporate monopolistic behavior in the market to determine the basis of the investors to monopolize the market to determine the basis of the monopoly market share of mergers and acquisitions in the merger and acquisition activities, this is the only method. Third, the international community raised antitrust development mode, we can refer to the EU monopoly law, case and mechanisms, for example: how to determine monopolistic behavior in the market, how to define a dominant market position, the behavior of the company through mergers and acquisitions market monopoly; again and we will make reference to some other countries such as the UK Office of Fair Trade Law (Fair Trading Act), the British competition law (CompetitionAct), U.S. merger guidelines, the U.S. monopoly law (Antitrust Act), the European Union monopoly regulations guidelines the the EU Merger Ordinance, as well as the \Ordinance to reference the discussion. And whether we need to set up an international anti-trust organizations, a similar WTO international warp. How to set up what is the role it plays? Another who is watching it, how much power it exercised, the execution of the judgment, whether the illegal acts of state. We know that after accession to the World Organization, the countries of the world, in addition to the continued implementation of WTO commitments, another meaning of global economic integration, the process of integration in the international international corporate monopoly behavior, especially the development of the global economy. Developing countries will have any effect, as part of the end.

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