The Regulations Concerning The Anti-monopoly Of Foreign Capital Merger

Under economic globalization, merger of corporations is more and more conspicuous, and becomes one kind of main form of international direct investments (FDI) with the deepening of market-oriented degree of Chinese economy. Since 1990',the impact of transnational merger of corporations tide over our country economy is growing. The extent and the depth of open policy ceaselessness expands,foreign capital comes to China on a large scale, direct merger of corporations is able to avoid some restricts against foreign capital from the host country,cut down investment risk, form economic size and gain more profits, then foreign investor directly buying Chinese enterprises already became a new trend. On the one hand, multinational corporations bring the management experiences, funds, and technology our country enterprises need, and it also effects the optimizing and restructuring of our essential productive factors, promotes the adjusting of the industrial structure.On the other hand, as a "double-edged sword",it also may bring about a few negative effects on our economy growth. There are many legal problems relating transnational merger, but from entire market order and environment of competition, it mainly concerns an anti-monopoly. In recent years, with transnational merger going deeply in our country, in some industry and the marketplace field, the inclination of being monopolized by foreign capital has already come into being. As a gigantic potential marketplace of merger for foreign capital, our country lacks anti-monopoly regulations. As our anti-monopoly legislation appears lately and also inadequate, it can't meet the need to regulate the direct merger of corporations from foreign capital.In the foreign buying tide, how can we utilize the foreign capital reasonably and protect the interests of our country and enterprises simultaneously? As the fundamental law for market economy, anti-monopoly law plays the crucial role in regulating the merger of corporations from foreign capital.Therefore, we must draw abroad legislation experience, as soon as possible perfect our country relevant legislation. Because of this, the author chooses "the regulations concerning the anti-monopoly of foreign capital merger" as the Master's thesis, intending to talking about topics as follow:the background and necessity of anti-monopoly; The value, doctrines and legislation modes of anti-monopoly regulations; The substantial rules and procedure of anti-monopoly. Full text is five chapters together mark:The first chapter has introduced the basic concepts and operation patterns of foreign merger, have discussed the theoretical question about "foreign capital"and "merger of corporations",and also analyzed the present situation of foreign merger in our country and the monopolizing trend among them. The second chapter has discussed the actual significance to regulate the foreign merger. This part analyzed the negative impact from foreign merger on market competition and its defects, emphasized the necessity to regulate the foreign merger by anti-monopoly law and summed up main defects and immediate problem in our present anti-monopoly law through the analysis of the present situation about our anti-monopoly legislation. Third chapter is expounding the doctrines and value orientation of regulating the foreign merger. Fourth chapter introduced the legislation modes of monopoly regulations against foreign direct merger of corporations, then discussed that how to utilize the foreign useful experiences to promote our anti-monopoly regulations against foreign merger. The last looked into the future about the legislation patterns and concrete regulations of our anti-monopoly law against foreign direct merger of corporations.