Legal Research On Regulation Of Monopolistic Foreign Mergers And Aquisitions

Monopolistc foreign M&A occupies the domestic market share and intents to monopolize Chinese market.And,it may affect our national economic security.To strengthen the regulations of it is imperative.There still exists many problems in our laws and regulations.The detail rules of the implementation of our anti-monopoly law is not scientific yet.To perfect the relative syetem is instant.This paper is composed of four chapters.Chaper one starts with the necessity of regulating the monopolistic foreign M&A.And then analize the necessity from the perspective of the theory basis and realistic requirements and effects upon our national economic security.And point out it is necessary to regulate monopolistic foreign M&A.Chapter two summarizes the defects of the current laws and regulations.Spicifically,our current rules are lack for systematic regulations.The anti-monopoly laws and regulations still exsist many problems,such as, the faulty criteria for notification, unscientifical substantial examination standard, deficient legitimate program,the lack of public interest litigation.Chapter three compares the foreign relative laws and regulations,including the and point out the better rules to use for reference.Chapter four draws conclusions of perfecting our relative laws and regulations,including perfecting substantial examination standard, detailing comprehensive review standards, distinguishing horizontal merger and non-horizontal merger, approving conditional M&A strictly, perfecting the criteria for notification, supplying deficient legitimate programs, approvingexecution system, strengthening the administrative liability detaling the liability for damages.