M & A In Food Industry Of The Influence And The Legal Countermeasures Study

In today's world, economic globalization and economic and trade liberalization continue rapid development, transnational M&A ascendant, has become the unstoppable trend, M&A contemporary international economy has become a trend. After joining the WTO, China's economic and international trends, since joining the addressing fusion, along with our country market opening degree rise, began to have a lot of multinational companies to enter the domestic market, quite a number of multinational companies choose to cooperate with local enterprises to expand the market, the way the main means of cooperation is joint venture equity, new companies and acquisition of domestic enterprises. Thus China FDI utilization's form also begin to enter into a new stage, newly built by foreign capital enterprise form further expanded to M&A form. Because our country economy operation environment and structure has some particularity, and foreign-capital M&A in China's development has some unique causes and effects.Foreign investment in China with the industry deeply, the advantages and disadvantages of foreign-capital M&A emerging gradually, become at present, our economic life, and concern a dispute about problems. Just M&A is concerned, its own is only capital chasing profits from the tools, although its active influence on look, in some extent could enhance the international competitiveness of enterprises, improve enterprise economic benefits, but at the same time also is human change market structure, enterprise's economic power concentrated rapidly, and getting to the corresponding market dominant extremely important means and methods, and can be used to limit the effective competition in the market. If wrong them legal regulation, resulting in the industry takeover by the state monopoly or oligopolistic market economy, thus affecting the normal development of the whole national economy, even endanger the health run. Foreign investment in China with the industry deeply, the advantages and disadvantages of foreign-capital M&A emerging gradually, become at present, our economic life, and concern a dispute about problems. In this context, the China's M&A has the important practical significance. In this paper, the food industry to reach for the food industry in M&A from the influence of antimonopoly law, starting from the Angle of foreign-capital M&A to discuss for China's economic development, actually is a challenge or, the opportunity. Facing to the M&A wave, how should we respond to.This article except preface and epilogue besides, is divided into five chapter.The first chapter: mainly for the basic theory of foreign-capital M&A made a simple statement of foreign-capital M&A, through the analysis of the connotation and denotation of foreign-capital M&A, first the concept of, then makes a definition for M&A to our country economy the characteristics and analyzed the influence of positive effect, which includes both also includes negative impacts.Chapter two: China food industry from M&A by the status quo, characteristics, trends and scale, aspects, cited some Chinese food industry in M&A concrete analysis of examples.Chapter three: Foreign-capital M&A drivers from the food industry, analyzes China food industry from foreign acquisitions of domestic enterprise dynamics and actively seeking out M&A motive for two aspects elaborated, food industry produce merger and in-depth analysis of the reasons.Chapter four: the food industry M&A summarized the outstanding problems. As a national brand protection problems, industry problem of monopoly and merger of performance problems with food industry and the influence of relevant industry.Chapter five: This section is to solve the problem of Chinese food industry M&A legal countermeasures. Chinese current food industry of foreign-capital M&A and laws and regulations for the starting point, the present situation of food industry of foreign-capital M&A emphasis of the legal regulation discussed in anti-monopoly law, complementary, construction and foreign-capital M&A relevant legal system, set up relatively perfect the legal system of M&A, will China's M&A activity in the normal range control it for our effort to minimize the negative effects.