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Cross-border mergers and acquisitions of Chinese companies in the U.S. antitrust laws under the rules of legal risk prevention

Author: LiFuQiang
Tutor: MaZhongFa
School: Fudan University
Course: Legal
Keywords: Cross-border M&A Anti-monopoly Legal risk Hedge
CLC: D971.2;DD912.29
Type: Master's thesis
Year: 2011
Downloads: 120
Quote: 0
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Legal risk of anti-monopoly is one of the significant risks for Chinese enterprises cross-border M&A activities. The problem, how to understand and hedge the Legal Risk of antitrust correctly, is the key issue which have to be solved when Chinese enterprises conduct cross-border M&A activities. In this thesis, In the base of deeply study the antitrust legal Risk of Chinese enterprises cross-border M&A activities, The author tried to provide the Scientific and reasonable proposals on preventing this legal risk, to further improve the promotion and protection the legal system on Chinese enterprises cross-border M&A activities.The whole thesis is divided into four chapters. The thesis first introduce the case of CNOOC acquisition of Unocal, combined with the reality, then the thesis analysing the basic characteristics of Chinese enterprises cross-border M&A activities. U.S.A and EU. are the most perfect country(or region) in the cross-border M&A regulation. Besides, the cross-border M&A risks of Chinese enterprises mainly Come from developed countries and regions such as U.S.A and EU. Therefore, this thesis mainly study on the Legislation of anti-monopoly about cross-border M&A and the standards on monopoly M&A in U.S.A and EU. In order to provide Chinese enterprises with more effective suggestions on hedging anti-monopoly risks of cross-border M&A. At last, this thesis gives measures which are more beneficial for Chinese enterprises to hedge the anti-monopoly risks from the angles of the government and the enterprise, with the consideration of problems existing in the cross-border M&A of Chinese enterprises and the experience of anti-monopoly risks. The measures are as follows. The enterprise shall:(1) make risk evaluation of cross-border M&A; (2) study the laws and regulations of the host country; (3)make more M&A modes; (4)pay more attention to the cultivation of professionals and cooperation with Enterprises and relevant organizations of the targeted country. The government shall:(1)legislate "overseas investment law", and perfect the legal system about overseas M&A; (2) perfect the guarantee system about overseas investment; (3) develop the supporting departments or Intermediaries for overseas M&A; (4) apply diverse means such as international law, politics and diplomacy to protect the lawful rights and interests of our enterprises.

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