Discussion Of The Legal Regulation Of Antitrust In Foreign M&A In Our Country

With the rapid development of economic globalization, Foreign M&A is gradually replacing the traditional direct investment, and increasingly becoming the main form of foreign investment nowadays. China, as the world's largest developing country, continually attracts companies around the world to invest in our country because of its good economic prospects and potential market. After our country joined in the WTO, it further deeps the degree of opening. In recent years, the situation that Foreign M&A chinese enterprises develops rapidly, and gradually pulling the tide of a wave of foreign acquisitions.However, Foreign M&A is a double-edged sword. On the one hand it promotes the establishment of modern enterprise system in our country, and promotes the reform of state-owned enterprises. And it promotes the optimization of industrial structure and product upgrades by means of bringing advanced technology. It also fosters market competition, and improves the domestic industry's competitiveness in the international market. But on the other hand, the result of mergers and acquisitions over the fair will disrupt the market order, and restricts competition, monopoly and the results. So that it will seriously hinder the healthy development of the market, even it could threaten the economic security of our country.In view of this, our country also issued a series of laws and regulations on foreign mergers and acquisitions in the possible monopoly to be regulated. China's"anti-trust law" has been officially introduced, but with the core M&A anti-monopoly legal system is still not perfect. Many specific problems of the provisions and principles are too broad and operational practice is not good. How to further improve our M&A anti-monopoly laws and regulations to attract more foreign investment and to use of foreign capital better under the premise of maintaining a Level playing field effectively and protect national economic security. This is the necessary requirement of deepening of reform and opening up in our country as well as realistic choice of build a socialist market economy with scientific development.This article is for the state of Foreign M&A in our country with perspective of anti-trust law. And compare the current situation of China's legislation with advanced experience of Foreign M&A anti-monopoly legislation. This article analysis the shortcomings in China's legislation, and try to make some proposals to perfect M&A anti-monopoly law regulation. This article divided into four chapters In addition to introduction and conclusion:The first chapter is an introduction, mainly include the concept of the M&A and the introduction For the present situation and characteristics of China's foreign investment of M&A. It also includes the risk For M&A from monopoly and regulation of their legal and analyzes the necessity of Legal regulation of them. It also illustrates the value of foreign M&A targets and practical significance.The second chapter introduces the M&A abroad in a number of anti-monopoly legislation results, including legal systems, as well as some physical part of the legal rules and procedures.Chapter three to look back to our country, to introduce about our country's foreign acquisitions in the legislative status of anti-monopoly, and analyzes laws and regulations in the first some problems.Chapter four of the above description, analysis and argument, try to put some proposals to perfect M&A anti-monopoly law regulation.