Research On The Anti-Monopoly Problem In M&A Of Foreign Capitals

As the primary method of FDI, the merger and acquisition (M&A) by foreign capitals is grown flourishingly in our country in recent years. It brings us not only the prosperous economy, but also the monopoly problem. Based on the Territory Doctrine, the Nationality Doctrine and the Effects Doctrine, a country has the right to regulate the corporations' M&A taking place in domestic and overseas places on the way of anti-monopoly. This thesis analyses the legislative frame of the existing M&A by foreign capitals in our country, and concludes the current deficiency of the antitrust legislation on M&A by foreign capitals in our country mainly via the analysis of "the Temporary Provisions on foreign investor merging domestic enterprises", the only special regulation on M&A by foreign capitals in our country, and the considering of the absence of PRC Anti-monopoly Law. This thesis also obtains the enlightenments to our country's antitrust legislation of M&A by the foreign through the comparative analysis to the antitrust legislation of M&A in American, Germany, Japan and European Union. The author puts forward her own imagination upon setting-up of the law system to the antitrust legislation of M&A by foreign capitals, and also provides her advices to the perfection of the law system to the antitrust legislation of M&A by foreign capitals. Among them, the author focuses on the legislative suggestion to our country's Anti-monopoly Law. And the author also points out, except that enacting the Antimonopoly Law, Enterprises Merge Law and other relevant laws as soon as possible and developing the permission statutes of foreign capitals, we should perfect the relevant inside management system of the Company Law to prevent the holding foreign shareholder from the shady monopoly of nibbling the market share and restricting the competition by utilizing it's own controlling power to infract the Chinese shareholders' interests as the few shareholder. The author also puts forward her own view on perfecting the inside management system of a company and protecting the few shareholder's interests via her working practices. At the end of this thesis the author makes some analysis to the influence to our country's antitrust legislation of M&A by foreign capitals arised from entering the WTO.