Research On International Coordination Of The Antitrust Of Foreign Capital M & A

With the deepening of economic globalization,countries on flow of capital factors gradually opening up,foreign capital m&a as the main form of the fifth mergers since 1993 has been thriving.Foreign capital m&a is that the giant international corporations merge in two or more countries,the effect is not just limited to one country,it will lead to structure formation of the international market.Therefore,a transnational m&a often becomes regulating object of several national antitrust laws,it would lead to countries in the regulation foreign capital m&a conflicts and confrontation.How to solve this problem,we have to face a legal problem,this paper from the view of international coordination problem will be discussed.The article is devided into 4 chapters:In the first chapter:In-depth analysis of the monopoly foreign capital m&a international coordination,proved the necessity and practicability of international coordination is to solve the conflict of foreign capital m&a countries regulation best choice.The contradiction and conflict of foreign capital m&a antitrust extraterritorial apply between the realistic situation produced demand of international coordinating;the significant difference of substantive law,is the internal causes of conducting international coordination.The world antitrust value goal,plus converging antitrust law developing countries for the gradual establishment provides international coordination possibility.In the second chapter:Through the historical analysis,comparison method and other methods,inspect and analyse reality of foreign capital m&a anti-monopoly international coordination in bilateral,regional and multilateral coordination,summarize various coordination modes advantages and disadvantages,discusses developing way for below groundwork.In the third chapter:In earlier research was put forward on the basis of foreign capital m&a anti-monopoly international coordinating the prospect of ideas. Firstly,this paper probes into the basic principles of international coordination;Secondly,discusses the development of international coordination,and mainly explains functions of the WTO in construction under the framework of WTO multilateral coordination operating mode.In the forth chapter:For our participation of international coordination puts forward countermeasures and suggestions.First,we must acknowledge to the WTO core principles in our application and uses them as guiding principles in perfecting our country's m&a anti-monopoly system and participated in international coordination.Secondly,improving the anti-monopoly system,perfecting its internationalization,is the important guarantee of participating in international coordinating,make our country get the advantage of the rules;Finally,based on our own situation and China's place in the international environment,put forward to our participation of international coordination approach design directely.