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Study on the Anti-monopoly Legal Regulations on Foreign Mergers and Acquisitions in China

Author: WuRuiXue
Tutor: WangXiaoHong
School: Jilin University of Finance and Economics
Course: Economic Law
Keywords: Foreign M \u0026 A Antitrust Legal Regulation
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 27
Quote: 0
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Abstract


With the acceleration of the process of globalization, foreign mergers and acquisitions have become the main trend of international investment. Since the reform and opening up, especially after joining the WTO, China's economy and faster integration into international economic and social, are maturing along with the legal system, more and more multinational companies to strategic sights on the Chinese market, to achieve direct investment through mergers and acquisitions of Chinese enterprises . Foreign mergers and acquisitions brought Chinese enterprises need capital, technology and management experience, but also to play a certain role in promoting the optimization and reorganization of China's industrial restructuring and upgrading, and production factors; while foreign mergers and acquisitions is a \The negative effect is likely to produce monopoly, and may even endanger our economic security and industrial safety. In recent years, with the deepening of foreign mergers and acquisitions, foreign monopoly tendency has appeared in a number of industries and market segments currently the law to regulate foreign investment in China, the majority is still greenfield investment adjustment and regulation is not enough to adjust and regulate foreign mergers and acquisitions of monopolistic behavior, which is not conducive to the building of a fair and impartial market competition order, also affect foreign investors' confidence in our investment. Therefore, in-depth study of foreign mergers and acquisitions in Legal Regulation, is not only conducive to China's better to introduce the use of foreign capital, but also help to improve the competitive environment of the market in our country, safeguarding the economic and industrial safety, protection of national industry and independent brand. A longer history of the United States, European Union, Japan and other countries on foreign mergers and acquisitions, antitrust regulation, experienced, and has a very important reference to China. This paper to learn from the advanced experience of foreign countries, the recommendations focus on improving China's current foreign mergers and acquisitions antitrust law regulation. This paper is divided into four chapters: the first chapter on the meaning of foreign mergers and acquisitions and general characteristics, analysis of the new dynamic as well as the causes of foreign mergers and acquisitions in recent years in the development of our country, reveals that it may undermine effective competition, resulting in the risk of monopoly, further instructions on Foreign M \u0026 A Antitrust Regulation necessity. Chapter II, both substantive and procedural rules Comparative Study of the United States, European Union, Japan on foreign mergers and acquisitions, antitrust law regulation, to provide a reference for the Improvement of the legal system and the rule of law valuable experience. The third chapter, a brief introduction of anti-monopoly regulations, laws and regulations on foreign mergers and acquisitions, the same time, through the analysis of the substantive legal rules of reporting standards, the relevant market and the standard of review and reporting censorship, law enforcement agencies and legal responsibility program rule of law, an overview of the main content of the Legal Regulation of foreign mergers and acquisitions in China. Chapter IV, on the basis of insufficient clarify existing legislation, to learn from the advanced experience of foreign countries, and made four recommendations on the improvement of foreign mergers and acquisitions in China antitrust law regulation. The first is to build a complete and unified foreign the merger antitrust law system, change the existing low level of legal, legislative and scattered phenomena; perfect anti-monopoly entity rule of law of foreign mergers and acquisitions from the reporting standards relevant market, and exemption regime ; and the third is to improve the procedural law of the antitrust rules of foreign mergers and acquisitions; Finally, the establishment of a unified and efficient law enforcement agencies from reporting, censorship, and legal responsibilities.

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