Legal Analysis Of Anti-monopoly Regulation In Foreign Capital Merger And Acquisition

Nowadays, foreign capital merger and acquisition (M&A) is a major way of foreign direct investment in the tide of global economic integration. Foreign capital M&A is a double-edged sword. During the process of stimulating the growth of domestic industry and promoting the realization of the large-scale production in domestic enterprises, foreign capital M&A also has some negative effects, among which the most serious one is that it is possible to course monopolization. In order to effectively supervise the behaviors of monopoly in foreign capital M&A, safeguard fair competition order and social interests, Chinese government should regulate foreign capital M&A by anti-monopoly.This text uses Competition Law, Company Law and the theories of other relevant subjects to probe into how to regulate foreign capital M&A by anti-monopoly. In the first two chapters, based on the introduction of the present situation of foreign capital M&A and its influence on economy, the text proves the necessity and the legal basis of anti-monopoly regulation in foreign capital M&A in China. In the third chapter, the text introduces the legislation and judicial practices of anti-monopoly regulation carried out by the developed countries in foreign capital M&A, points out that Chinese government should draw on the experience of developed countries, adopt the single-track legislation mode and make Anti-monopoly Law to regulate the domestic and foreign capital M&A by anti-monopoly. From Chapter Four to Chapter Six, on the issue of how to establish a legal system for anti-monopoly regulation in foreign capital M&A in China, the test thoroughly analyzes the problems of value orientation, legislative objectives, basic principles and other relevant theories and then makes a general suggestion on the construction of the legal system. Finally the text discusses the main contents of legislation in the aspects of entity, procedure and execution.The key view of this text is as follows: Our country should set up the legal system for the anti-monopoly regulation law in foreign capital M&A as soon as possible, which taking "Anti-monopoly Law " as the core law. The stipulations in Anti-monopoly Law will provide with foundations of the basic law for China's anti-monopoly in foreign capital M&A. When making the law, we should deal well with the contradictions between the commitment of national treatment promise and the protection of national industry. Also we should coordinate the construction of fair competition order and the protection of national interests. When making...