Study On Anti-Monopoly Law

According to relevant commitment upon China's entry into WTO, logistics industry opened up to foreign investment since 11 December 2005. Since then, foreign logistics enterprises changed the market entry means such as Greenfield investment. In order to avoid regulatory barriers, foreign enterprises merger domestic logistics and enter into Chinese market immediately. As most Chinese logistics enterprises are small-scaled, scattered and disorderly competed, large-scaled foreign mergers & acquisitions caused huge impact on the development of Chinese logistics enterprises. In 2009, the 11th Five-Year Programmer pointed out clearly to develop modern logistics industry, the State Council released"Outline of Logistics Adjustment and Revitalization"and proposed to push forward logistics industry to"bringing into"and"stepping out". This paper focuses on Chinese logistics enterprises, makes analysis on other countries'regulation on foreign investment mergers & acquisitions of domestic logistics enterprises, current Chinese legislation on foreign investment mergers & acquisitions, makes legislative proposals on how to guarantee effective competition on logistics industry.The paper involves four chapters. The first chapter introduces relevant concepts, situation of mergers & acquisitions of Chinese logistics enterprises by foreign investment, main impact of foreign investment on domestic logistics industry and enterprises, the fact that Chinese government should adopt anti-monopoly regulation towards foreign investment in logistics industry. The second chapter introduces relevant laws and regulations of international mergers & acquisitions of logistics enterprises of US, EU and Japan, legislation situation of anti-monopoly and management system, establishment of anti-monopoly enforcement agency, solid and procedure content of mergers & acquisitions control, special regulations on foreign investment like market access and state security review system. The third chapter analyzes the current legislation on foreign investment mergers & acquisitions of Chinese logistics enterprises, and points out the inadequate of current regulation and system. The fourth chapter makes proposals on improving basic principles, concrete regulations and procedures of foreign investment anti-monopoly system, liability, legal remedy, industrial policy legislation and security review system.