Anti-Monopoly Regulation On The Corporate Merger

The anti-trust law is extolled as the charter of the free enterprises and the economic constitution, and it has been over one hundred years since"Sherman Act"was enacted in America. The control of corporate merger is the core element and one of the main systems of the anti-trust law among the legal systems set up by developed countries, such as America, German and EU.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 the strict control to the comparatively mild regulation, thus also ushering 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, which needs us to further deepen and perfect our corporate merger regulations. Undeniably, the promulgation of the anti-trust law of China is the most important step for our country. Although the anti-trust law has gained the praises in terms of the fact that we not only learn from foreign advanced experience, but also stand on our current situation, the anti-trust law in itself still remains somewhat problems to be further research and perfect.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 six parts: 1. the definition of corporate merger under the anti-trust background; 2.the necessity of the control of the corporate merger; 3. approval system of the corporate merger; 4. the development, history and problems of the Chinese competition policy before the promulgation of the anti-trust law; 5. the approval system of the corporate merger created by new anti-trust law.