The Regulation Of M&A By Foreign Investors--Discussion From The View Of Anti-monopolization

Since China's entering WTO, the further perfection of market economic system and the increase of new market field have made it prevalent for foreign investors merging and acquiring Chinese enterprises. M&A by foreign investors can help develop our economy while it will also bring monopolization. Therefore it's very urgent for the governing authority to prevent such monopolization. Based on the experience of some foreign countries' legislation and their practice of justice, this article triescto put up the suggestions to construct and perfect our anti-monopolization laws and also tries to bring help to the anti-monopolization law which is being made for the time being.The main contents are as follows: First of all, it makes an analysis of the necessity of regulating anti-monopolization. It is being discussed from three aspects: the regulation is the important content of anti-monopolization legislation and practice; the regulation is necessary for our government to perfect our management system; the regulation is necessary because of the reality of the Chinese economy. Secondly, it talks about the standard of check-up and the way of analyzing of M&A by foreign investors. According to some foreign countries' legislation andpractice such as the US, Germany and Japan, this article puts forward our own standard of check-up system, our own method of analysis and check-up exempts, it also comes up with different check-ups of anti-monopolization to cope with different types of M&A by foreign investors . Then it sets up the supervising system of anti-monopolization. We should set up a highly independent administration of anti-monopolization to carry out the affairs of M&A, set up a pre-declaration system and a later supervising system. Finally, it analyzes the system of legal responsibilities for the behavior of M&A by foreign investors. It includes the system of lawsuit and punishment. It should set up a double-system of lawsuit. The government is responsible for the lawsuit while it also allows the private to accuse. It should punish those who try to limit the competition of M&A. We should punish those who result in the monopolization, and prevent them to merge and acquire and divide the enterprises and punish the leaders etc.