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Research on the Anti-Monopoly Regulations on Foreign Mergers and Acquisitions in China

Author: LiZuo
Tutor: LiGuangLu
School: Shandong University of Science and Technology
Course: Economic Law
Keywords: The forging M&A Anti-monopoly Law system Institution
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 120
Quote: 0
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Abstract


In recent years, with the acceleration of economic globalization, foreign mergers and acquisitions as an important means of international investment in the global set off another round of mergers and acquisitions wave of foreign acquisitions in China also has become the battleground. M & A double-edged sword, to bring our country a lot of capital, advanced technology and management experience, but also brings the risk of monopoly, could even jeopardize our economic security. China’s accession to the WTO, in order to fulfill its commitments, comply with relevant rules and policies by foreign capital in China has gradually relaxed. However, the introduction of foreign capital utilization, we also should pay attention to a number of foreign mergers and acquisitions triggered by the negative impact should see the response has now been launched in China M & A monopoly regulation loopholes. China should learn from foreign advanced on the basis of legislation, combined with country-specific experiences and conditions, as soon as possible anti-trust law system construction, improve the relevant legal system.This article based on China’s《anti-monopoly law》, and other related laws and regulations, first described the concept and M&A current status of China, China’s macro on the Antitrust Regulation of M&A to describe the environment. And monopolistic tendencies in the understanding of M&A negative effects, the proposed border Merger Regulation the meaning and status. Secondly, to explore the border Merger Regulation to be followed by the value of goals and principles, in-depth Analysis of China’s foreign investment M&A Antitrust Regulation of the specific system. Which found numerous problems and shortcomings to be perfect. Finally, by comparing the analysis of relevant legislation and the combination of several cases of new anti-monopoly regulation case, the point that law on foreign M&A Law Regulation proposal.

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