Research On International Harmonization In Antitrust Regulation Of Transnational M&A

Transnational M&A can realize enterprise expansion in a shorter time, it can make the organization, people, material, capital and the operating activities of different enterprises into one unit. So it can offer a kind of powerful economy means for enterprise to enlarge its scale, improve economic performance of production and management, reinforce international competition ability and enter a new market. In addition, as one of the major ways of international direct investment, transnational M&A is still helpful for international capital flows, it can optimize the allocation of resources globally. However, transnational M&A at the same time is easy to be used in the market competition restriction. So the regulation of the transnational M&A has become a very important basic content in antitrust legal system in many countries. Because a Transnational M&A often affects the market competition of several countries at the same time, it is regulated by the antitrust law of many countries. This often leads to conflicts and confrontation of transnational M&A regulation in those countries, and aggravates the problems. This problem is more outstanding in the background of the rapid development of economic globalization. This paper discusses the problem from a international harmonization standpoint.The article is divided into 4 chapters. In the first chapter, the writer clarifies the meaning of transnational M&A and discusses the relationship among transnational M&A, competition and antitrust law. In the second chapter, the writer reveals feasibility and necessity of International harmonization in antitrust regulation on transnational M&A. In the 3rd chapter, the writer discusses the practice of the harmonization in unilateral, bilateral dimension as well as the multilateral cooperation in European Union, OECD, WTO and ICN etc. In the 4th chapter, the writer makes some suggestions on the aim and manner of the transnational M&A regulation. He also gives some advice about the strategy to the problems in China.