Research On Some Problems Of The Anti-monopoly Regulation Of Corporate Merger

As an important way to enhance enterprise competitiveness, corporate merger become a hot topic that the government concern and research highly because of much utility itself with such as optimization of the industrial structure, adjustment of the industrial layout, rational allocation of resources, promotion of the rapid expansion of the scale and so on. At present, in order to enhance the competitiveness of the national enterprises to deal with the increasingly fierce competition in the international market, the regulation of corporate merger has been increasingly shifted from strict control from the overall situation. It also ushered in the good opportunities for development for corporate merger. Especially in China, because China is still a developing country with backward economic strength, China holds actively encouraging attitude for corporate merger in order to match with various areas of transnational giants and protect the economic security of our country. This makes the corporate merger have become increasingly frequent in China. But correspondingly the regulation legislation of corporate merger is imperfect in China. At present, with the end of a transitional period of five years after WTO entry, the commitments that China has made will be honored including lowering tariffs, and a large number of foreign enterprises will enter China. So, it is urgent that early set down the laws and regulations to improve the issue of anti-monopoly regulations and create a good legal and social environment for corporate merger.Through the analysis and discussion of the theory and practice of corporate merger in the major developed countries and regions in the world, and combining China's conditions, this paper proposed some thoughts and suggestions about the legislative activities of corporate merger in China.In addition to the introduction and conclusion , This paper is divided into four parts : The first part is the introduction of the basic problem of corporate merger. It analyzes the types of concept of corporate merger, the double impact and the trend of regulation policy of corporate merger. The second part is the legislation brief about anti-monopoly regulation of foreign enterprises merge. It is necessary to join a comprehensive review of a variety of factors to determine whether the merger is anti-competitive consequences, and to analyze it based on certain criteria. Besides, it is also concerned that the effect of corporate merger is whether immunity. In the process, there are two stages mainly to carry out, including declaration and review. The corresponding relief measures are provided in States to guarantee the legitimate rights and interests of parties to the merger. And the corresponding punitive measures are provided to punish the illegal act of corporate merger. Part III summarizes the profile of China's anti-monopoly legislation. It explains the current status of the legislation in China, and points out the shortcomings and the latest progress made. Through learning from foreign experience and taking into account China's national conditions, it also analyzes the necessity to formulate an "anti-monopoly law". Part IV is the whole idea about improving corporate merger regulation in China. It elaborates the premise that is necessary to improve legislative regulation. As a whole it puts forward the author's suggestions and ideas on the substantive issues and procedural issues of corporate merger regulation in China.