The Legal Study On Anti-Monopoly Issue In Foreign Capital Merger And Acquisition

As a method that foreign company invests abroad, the foreign capital M&A is playing an important role in global economy. With the deepen of market opening policy in China, and the lower of doorsill that foreign company invest in China; the foreign capital inclines to take M&A mode into Chinese market. It also becomes a trend that concerning Foreign Direct Investment in China. The foreign capital M&A affects our economy in positive and negative ways. On the one hand, it has a lot of advantages, such as absorbing and utilizing the foreign capital, fetching in foreign technology and experience, setting up the modern system of national enterprise. On the other hand, because of the lack of legal regulation, it also brings negative influence to Chinese economy, the most important is monopoly problem. The monopoly damages the economic order and the consumers' benefits. Further, it intimidates the safety of national industry and country's economy. But, facing to the situation that foreign capital M&A develops more and more quickly, there is no in China to regulate the monopoly problems. So, it is very urgent and necessary to research and make our .China has entered into WTO, Chinese economy is gradually integrating with global economy. Our economic law should be kept in accordance with the legal rules and regulations of WTO. So, how to set up and perfect our anti-monopoly legal system that in line with international community, has become an important legal issue in. From the perspective of foreign capital M&A, this article want to research the related legal provision of anti-monopoly in foreign capital M&A. In the foundation, the article discusses the legal issue of anti-monopoly in foreign capital M&A. The author want to learn from foreign experience of making law, to set up our country's anti-monopoly legal system which is beneficial to both attraction of the foreign capital and protection of competition and anti-monopoly.