Research On The Anti-monopoly Matters In Foreign Merger And Acquisition

In the context of globalization, cross-border Mergers and acquisitions have become international direct investment (FDI) as a main form. Since the last century, since the 1990s, as China opens up continuously improving and the wave of transnational mergers and acquisitions in China's economic development has also affected the growing trend. While multinational companies have mergers and acquisitions of Chinese enterprises need capital, technology an management experience, China's restructuring of production factors and the strategic readjustment of the industrial structure has played a certain role; But it is also a "double-edged sword" for China's economic development may also bring some negative effects in recent years, With foreign capital to purchase the in-depth enterprises in certain industries and market sectors have to have a foreign monopoly tendency. As a tremendous potential development of foreign mergers and acquisitions market. So far China has not yet been formally introduced special "anti-monopoly" law, in this connection the legal system is not complete, China lags far behind in attracting foreign investment to expand investment in the process of mergers and acquisitions to regulate the monopoly of the actual needs. Therefore, we must learn from overseas experiences in legislation as soon as improving the relevant legislation. Because of this, I choose "Foreign M & A study of anti-trust legal issues" as a master's thesis research topic, to the foreign acquisition of the need for anti-monopoly; Anti-monopoly regulation and the basic principles of this model; implementation of the anti-monopoly regulation legislative norms and procedures of entities, and the implementation of sanctions and other issues discussed. The full text is divided into four parts start. The first part of foreign capital to purchase anti-monopoly regulation of necessity. When expounded China's first foreign acquisition of the status quo, China's foreign acquisition of the negative economic impact; By analyzing foreign capital to purchase the negative effect raises foreign capital to purchase the anti-monopoly regulation of necessity; then expounded on China's foreign acquisition of the anti-monopoly regulation of the law : Part II, Antimonopoly Law to establish legislation on the basis of the model and the basic principles. In our legal theory on foreign mergers and acquisitions sector anti-monopoly regulation are the three major legislative model I think we should establish a basis for anti-trust legislation model we also need to maintain effective competition as a legislative value; basic principles include reasonable principle and the principle of safeguarding the interests of the country; The third part, foreign acquisition of anti-trust regulations and the rules exempt entities; learn from the developed countries of anti-monopoly legislation relevant experience, primarily from the ban on foreign investment in the acquisition monopoly real standards, and the present situation of our country-specific legislative proposals. Part IV, foreign acquisition of anti-trust regulations andthe rules of procedure for the implementation of ideas; By comparison abroad relevant legislation, Merger of foreign anti-monopoly regulation procedural content of the proposal. Conclusion : China should formulate a unified "anti-monopoly law" to which foreign capital to purchase the anti-monopoly regulation issues specifically targeted provisions.