The Antitrust Law Control On The International Mergers Andacquisitions

In the current background of economic globalization, international merger and acquisition has become the main way of international direct investment. However, international merger and acquisition is a two-edged sword. On one hand, it brings into the host funds and technology; on the other hand, Multinational companies may cause a hidden danger of monopoly, or even compromise national security. Therefore, all the countries of the world have to pay enough attention to it. China implemented the anti-monopoly law in 2007, which effectively regulated international merger and acquisition. However, currently there are some shortcomings. It exists gap of legislative practices between us and U.S. and other developed countries. China's anti-monopoly law needs to be further perfected and improved in the future.In this paper, firstly, the author analyzes in accordance with some basic theories of international merger and acquisition, expounds its concept, causes and ways, and outlooks new development during the financial crisis. Secondly, the author combs the current laws and regulations relative to international merger and acquisition, sums up the status of them, and analyzes defects of anti-monopoly law in many aspects, such as legal system, governance institutions, examination standard, and national security system and so on. Thirdly, after deeply analyzes the legislative practices of anti-monopoly law in America, Germany, and Japan, the author summarizes some experiences and lessons of these countries. Finally, based on above, the author offers a proposal on perfecting the law-enforcement authority, which is to make our countries anti-monopoly law definite and reasonable, to eliminate the adverse effects, to rectify and standardize market economy order, and to keep the nation safe.