Anti-monopoly Regulations On Foreign Banks' M & A Of Chinese Local Banks

According to China's commitments when accessing to WTO, China now has been already fully open China's banking market. Foreign banks aim at the huge potentiality of China's banking market, and seize this opportunity entering china's banking market. One of the approaches they are using mostly is M&A of the Chinese local banks.Foreign banks'M & A of Chinese local banks will help introducing foreign banks' advanced management experience, and scientific corporate governance structure, thus to enhance the overall competitiveness. In the meantime, Foreign banks' M&A will inevitably lead to concentration of economic power, even monopoly, and ruin the fair competition of the banking market, eventually damage the interests of consumers. As the reason mentioned above, it is necessary to implement anti-monopoly regulations. But the foreign banks' M&A legislative system of China is still not sound enough to adjust the foreign banks' M&A of Chinese local banks, which remains many deficiencies. Therefore, further strengthening and improving of china's banking M&A legislative system, particularly the antitrust regulation. And thus help to ensure the health of competition and development in the banking market.The paper make analysis and comparison based on the review and China's current legislation on foreign banks M&A, and though my own insights and idea made some suggestions of the anti-monopoly of foreign banks' M&A legislative system. Part one summarizes the reason why choosing the issues to research, and the researches that has been made worldwide. In the second part, the paper defines the basic concepts to clarify foreign investment, foreign banks and foreign banks' M&A of Chinese local banks; analysis the motivation of the foreign banks' M&A of Chinese local bank from the legal and economic reasons; analysis the approaches of he foreign banks' M&A of Chinese local bank from the current the legislative status of foreign banks' M&A; analysis the positive effects and negative effects from anti-monopoly law and economics analysis, and described the related antitrust issues. Part three summarizes the current legislation on foreign banks' M&A from the rationality of the structure of existing legislation, the applicability of the content t; and a detailed analysis of defects relevant laws and regulations. Part four summarizes the experience of acquisitions in the banking system in the United States. Part five, compares the existing legislation in our country and the United States legislative practice, and makes suggestions on improving the antitrust regulation system in China on foreign-funded banks' M&A of China local banks...