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Study On Anti-Monopolistic Regulation Of Transnational Mergers And Acquisitions

Posted on:2009-12-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y F WuFull Text:PDF
GTID:1116360305456349Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The thesis investigates the problem of anti-monopoly law related to transnational mergers and acquisitions. It points out the difficulties of transnational M&A when it is in conflict with anti-monopoly law in an independent country and brings about a series of regulation problems. The thesis discusses the indefinite nature of anti-monopoly law and the flexibility of the law enforcement in terms of international business. It analyzes the difficulty of WTO in regulating transnational M&A and the infeasibility of regional cooperation. Based on all these discussions, the author put forward several suggestions on how to put the anti-monopoly law into effect and how our enterprises sidestep relevant foreign laws so as to make their transnational M&A more smoothly.The first chapter discusses the basic issues in transnational M&A. It at first defines such frequent terms as enterprise, company and undertaking, M&A, acquisition, merger and concentration, transnational M&A. Then it analyzes the positive and negative effects of transnational M&A upon global economy. In the end, it elaborates the conflicts between international acquisition and national anti-monopoly law and the jurisdiction conflicts between countries in this respect.The second chapter analyzes the main rules of anti-monopoly law concerning transnational M&A. At the beginning it discusses the theoretical basis for anti-monopoly law---competition theory and democratic ideology in economics. It then introduces the practice of the United States and European Unions in terms of the regulating rules of anti-monopoly law guiding M&A. It finally analyzes the indefiniteness of anti-monopoly law and argues that the introduction of economic analysis can not solve the indefinite problem and the intervention of international factors increases such indefiniteness.The third chapter analyzes the difficulty of supranational cooperation concentrating anti-monopolistic regulation of transnational M&A at multilateral level, regional level and bilateral level. It argues that the supranational regulation will not come true actually in a short period because of national interests and various political, economic, cultural factors in different countries. It points that the bilateral cooperation concentrating anti-monopolistic regulation of transnational M&A is the eventual choice. The fourth chapter reviews and analyzes the M&A involved with Chinese enterprises, and then put forward several points related to the anti-monopolistic regulation: it is in the national interest and in conformity with national strategies; national treatment standard should not be mentioned excessively; different cases need to be analyzed differently; it calls for the co-operation of many government departments. Finally, it set forth several suggestions on how our enterprises sidestep relevant foreign laws: it should get the support from our government in advance; the relevant foreign laws should be known well; choose the right object and occasion; build the favorable environment for M&A.
Keywords/Search Tags:transnational M&A, anti-monopoly law, regulation, national strategies
PDF Full Text Request
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