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On the Foreign Antitrust Merger Review System

Author: AnBaiJiang
Tutor: LiGuoHai
School: Central South University
Course: Legal
Keywords: antitrust antitrust review the national security review system
CLC: D922.29
Type: Master's thesis
Year: 2011
Downloads: 66
Quote: 0
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Abstract


M & each of us is not new to happen in 2008, Coca-Cola Huiyuan case is set off in our great debate about foreign acquisitions. China promulgated and implemented in 2008, "Antimonopoly Law" so that our country has on foreign mergers and acquisitions for antitrust review of the legal basis. In today’s accelerating foreign mergers and acquisitions, anti-monopoly review system is the main safeguard the healthy development of China’s socialist market economy, this article mainly on the case analysis approach, a comprehensive analysis of case studies and evaluation of antitrust laws in our country is not perfect, the relative lack of enforcement capacity and resources to the case of anti-monopoly law enforcement agencies in China during the anti-monopoly review of what factors should be considered to vertical and horizontal impact to the greatest competitive factors, including the operators participating in the concentration of market share in the relevant market and its control on the market and the concentration of the relevant market the most important factors and other relevant factors, combined with China’s industrial and employment policy and other factors; on the existing case analysis and evaluation of the reasonableness of the results and make them shortcomings and advantages. For problems in the case, analyze the causes, identify the crux of the problem, China should establish the proposed anti-monopoly and national security-based review system, in line with the Foreign M & A Law and other laws and regulations, Improvement of the Foreign M & A the legal system and promote the level of foreign investment in China for the development of China’s socialist market economy, protect the convoy.

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CLC: > Political, legal > Legal > Chinese law > Economic Law
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