Mergers And Acquisitions Of Enterprises In China In The Corner Perfect Of System Of Anti-monopoly Law

As the world trend of economic integration and capital flows to accelerate the development of globalization, corporate mergers and acquisitions phenomenon has become the world's economic development one of the themes. Due to merger and acquisition activity on the one hand can increase economic efficiency and market competitiveness, resulting in optimization of resource allocation and other positive results; the other hand, competition may have adverse effects, there exclude, restrict competition, the negative effects of the formation of monopolies. Therefore, most countries and regions in the world will be mergers and acquisitions with the complex behavior of economic activities and enterprises into the anti-trust laws to regulate the objects so as to guide and regulate the development of M & A activity.China on August 30, 2007 adopted the "The People's Republic of China anti-monopoly law," its legislation aimed at the prevention and suppression of monopolistic behavior, protect fair market competition, improve economic efficiency, protecting consumer interests and social public interests. Therefore, M & A activity should be included among the anti-monopoly regulation, which make up the law regulating mergers and acquisitions, while a blank, but also for the smooth realization of M & A activity provides a legal guarantee. However, since there has been no antitrust law tradition, legislative experience are not enough, the new anti-monopoly law enacted in a more principles of choice of model legislation, the operation is a larger space, And the enactment of this new anti-monopoly law in China under the mergers and acquisitions with the mature Western legal system, a sound legal system, antitrust mergers and acquisitions contrast, substantive rules, procedural norms, there are delays and deficiencies, it must be as soon as possible learn from Western developed countries (particularly the United States and the European Union) antitrust law perfect system for mergers and acquisitions, and mergers and acquisitions in China in order to perfect the system of anti-monopoly law.Since the 1890 enactment of the United States, "the Sherman Antitrust Act," since mergers and acquisitions activity has been the focus of modern anti-monopoly regulation. Western developed countries, anti-monopoly laws relating to mergers and acquisitions system for nearly a hundred years of development history, particularly in Anglo-American legal system as represented by the United States and in civil law as represented by the European Union, its legal system, to define the relevant market system, market concentration measurement methods, physical selection criteria, review the main body system, entities such as systems and procedures, as well as relief measures for such a series of legal systems are quite perfect and mature, the modern M & A regulatory model of antitrust law system countries. The project primarily through the United States, European Union anti-monopoly law system in mergers and acquisitions in the study, to learn from studying these countries mature legal system, antitrust mergers and acquisitions, when combined with China's reality, based on the maximum perfecting China's mergers and acquisitions in the anti-monopoly law system to fully protect the institutionalization of M & A behavior and procedural, for the future regulation of China's M & A activities, mature system, a sound system of anti-monopoly laws.