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Antitrust Regulation Research on Transnational M&A of Domestic Enterprise

Author: HuYunZuo
Tutor: HuRong
School: Dongbei University of Finance
Course: Industrial Economics
Keywords: Transnational M&A Antitrust regulation Entity standards International cooperation
CLC: F271
Type: Master's thesis
Year: 2011
Downloads: 68
Quote: 0
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Abstract


Along with the globalization process, the quantity of multinational companies in Chinese market grows day by day, like Microsoft, Coca Cola, P&G etc which are very familiar to consumers. Multinational companies investing in China is a new situation, the new trend in the work of using foreign capital in recent years. These multinational companies’ request for the domestic company’s a controlling stakeis increasing, involving more extensive industry area such as the food industry, the financial industry, the steel industry and so on.The investment of multinational companies in China effectively promotes the economic development of China and improves social productivity, at the same time bring a positive impact on optimizing the industrial structure. But this makes our domestic enterprise and foreign monopolies in direct competition status, also brings new challenges and opportunities in China’s anti-monopoly law execution and implementation. For example, Unilever P&G etc united to rise in price in April 2011, then the domestic chemical company also announced a price rising information. This is the inevitable consequences of transnational chemical companies buying domestic chemical enterprises from the early 1990 s. Consumers doubt that Unilever’s behavior violates the anti-monopoly law. Multinational company purchase of the same trade enterprise made it occupied a large market share, caused the potential threat of monopoly and hampered the effective competition of market.Antitrust regulation of M&A is very important part in the anti-monopoly law. In recent years, Commerce Department published several antitrust cases, most of these cases involving overseas-funded enterprise. As we all know, it has not very long years since the Chinese Antitrust law was laid down, and the law’s terms are not clear. All this has made the implement of antitrust law is very difficult. Because the identification of antitrust behavior is vague right now, opportunity cost is small compared with benefits caused by enterprise merger. The regulation of transnational merger and acquisition is in a state of disorder, and its effect is largely influenced by government policy.American antitrust regulation is the most perfect country in the world. There are two outstanding features in the regulation of transnational merger and acquisition in USA. First of all, the United States antitrust authorities think there is no essential difference between cross-border M&A and domestic M&A. So there is no need to set up special law for transnational M&A. Second, considering the transnational M&A will affect the state’s interests, so in the regulation of transnational M&A should consider the special effects on their own country’s political factors and benefits. The USA’s M&A regulation system provides us with a complete reference. In the third part of this paper was introduced in detail about the USA’s entity standard and special provisions in regulation of transnational M&A.This paper studies about the regulation of cross-border M&A. The study involved two problems. The first one is how to determine a transnational M&A violate the anti-monopoly law. The other one is special regulations of transnational M&A which are different from domestic M&A. This paper, combining with the actual cases, shows how China’s government to deal with the situation that more and more multinational company merger domestic enterprises. This paper argues that in dealing with cross-border M&A problems China should learn from the experience of the United States, and also need to strengthen international cooperation.

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CLC: > Economic > Economic planning and management > Enterprise economy > Enterprise system
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