Antitrust Law Regulation On M&A Of Enterprise In China

Merger&Acquistion(M&A) is an important capital-operating method.But its function to market competetion system is dual. On the one hand,M&A can strengthen the economic pow of company and build up its competetion ability.On the other hand,it will form the monopoly power to restrict the normal marke competetion system in broad or narrow extent.Accordingly,the antimonopoly law of each country set the focus on the regulation of M&A.The M&A market of our country is still at the very beginning because of such factors as unclear definition of property right,lagged mid-service maket and weak legal safeguard,etc.But as the economic globalization acceletating,the situation of our entry into WTO and the challenge of rule of law,all of these put forward the new requirements of legal regulaiton on M&A.For instance,a lot of multinational company has occupyed our market through M&A,once these companies gain the monopoly position by their strong economic power.they will definitely threaten our countrys' economic democracy and economic independence.So it's necessary for antimonopoly law to strengthen the regulation on multinational M&A to consist with present the economic situation.Meanwhile,under the situation of economic globlization,more and more country has realized the inconvenience to international economic and politics broght by the insolated legislation and judicial practice,so looking for the mothod of international uniform legislaiton and uniform jurisdiction has appeared.In this paper,the author discussed the domestic and foreign M&A legislation in detail by using the research methods of economic analysis and comparision,and pointed out the pitfall and deficiency of our prsent existing M&A legislation,than brought forward the the proposal to perfect our M&A legislation by fully adopting and using the foreign advanced experience for reference.At last,enduced the conclusion that it is the best choise to construct the uniform settlement system of international M&A regulaiton in the frame of WTO and it should be the goal that every country aim to realize.