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On Regulation Of Cross-border Enterprises Concentraion

Posted on:2007-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2166360185954336Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of globalization and gradual realization of China's commitments to WTO, more and more foreign investment pores into China, and foreign investment by mergers and acquisitions also increase. Facing to the boom of cross-border mergers and acquisitions in 2005, the experts and scholars in China have all agreed that cross-border mergers and acquisitions shall be subject to the rule of law, however, they have different opinions towards how shall cross-border mergers and acquisitions be controlled. Some hold the opinion that mergers and acquisitions, including cross-border mergers and acquisitions shall be subject to the same regulations, some believe that cross-border mergers and acquisitions and other types of mergers and acquisitions shall be subject to different laws. Compared to other types of mergers and acquisitions, cross-border mergers and acquisitions, because of the much more advanced technology and management skill and also much more capital, are easier to reduce the competition in the market and cause monopoly problems. In this thesis, I introduce and analyze the anti-monopoly regulations on mergers and acquisitions stipulated by foreign countries and regions, with the wish to offer some suggestions for making our own anti-monopoly regulations on mergers & acquisitions.The thesis mainly consists of four parts.In the first part I make a brief introduction of cross-border mergers and acquisitions, including but not limited to the definition, types thereof, and I also explain the reasons and urgencies to put mergers and acquisitions subject to the anti-monopoly control.The second part mainly introduces the substantial and procedural regulations on mergers and acquisitions stipulated by foreign countries and regions, and analyze the differences and common grounds of the above said regulations.The third part mainly introduce the development of regulations on the cross-border mergers and acquisitions internationally, and the possibility of stipulating a worldwide anti-trust law. For the cross-border mergers and acquisitions involve several countries, it is easy to lead to conflicts among the involved countries, which get more complicated because of the adoption of effects principle adopted by more and more countries. Many countries and regions have now realized this problem and have made great efforts to alleviate the conflicts by the way of bilateral- and multiple-cooperation. Therefore, I suggest that China shall pay great attention to the international cooperation on the control of mergers and acquisitions.In the forth part I introduce the current situations of the control of cross-border mergers and acquisitions in China, and analyze the impact of China's entry into WTO on the promulgation of anti-monopoly law. I hold the opinion that we shall take the requirements by WTO into consideration when we make our own anti-monopoly regulations on mergers and acquisitions. I also analyze the draft of anti-monopoly law promulgated by Chinese government in 2005, and put forward my suggestions and opinions in regard with the application standard, term for approval and also the establishment of the governing authority.
Keywords/Search Tags:merger & acquisition, cross-board merger & acquisition, monopoly, anti-monopoly laws, effects principle
PDF Full Text Request
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