The Study Of Legislation Against Monopoly During The International M&As In China

There has been a new trend of multinational mergers and acquisitions (M&A) in China since 1990s. To our domestic enterprises, the multinational company's (MNC) M&A is a double-edge-sword. It has produced a prodigious influence on our economy. On one hand, it has a lot of advantages, such as: bring the capital increase, advanced technology and experience of management. On this basis, we can make good use of the foreign capital, accelerate the build of modern corporation system and boost our economy's fast development. On the other hand, the multinational M&A also brings some negative influence, such as monopoly. Some mint M&A may not only make against China's economy but also make against China's political safety. In order to take the opportunities of the trend of M&A, our government as well as our domestic enterprises should take some positive measures to avoid the negative influence produced by the multinational M&A such as the control of our domestic market. China should attach much more importance to multinational M&A and make the law of anti-monopoly to control the MNC's monopoly as soon as possible. Meanwhile, our domestic enterprises should also take anti-measures to strengthen their ability of international competition.This thesis has four chapters:Chapter I is the exordium that mainly gave the definitions and types of multinational M&A and the definition of monopoly, made a brief introduction of anti-monopoly laws and the two patterns of monopoly-control.Chapter II analyzed the actuality of multinational M&A in China at present which included the cause, patterns, development-pulse and the positive and negative influence on the economy of China, expatiated on China's present legislation of anti-monopoly law. Chapter II emphasized that the monopoly caused or will be caused by multinational M&A in China should be controlled by the anti-monopoly law that will be made in the near future.Chapter III introduced in detail the merger control laws in the USA, EEC and Germany in order to make good use of the laws for reference by our government.Chapter IV studied the countermeasures to overcome the negative influence caused by multinational M&A in China included building a law-system in which an anti-monopoly law is the most important law, carrying through international anti-monopoly cooperation with other countries in the world. Meanwhile, our domestic enterprises themselves should take relevant countermeasures to strengthentheir abilities of international competition.