On The Legal Issues Of Anti-monopoly In The Merger By Foreign Corporations

The merger by foreign corporations is the most remarkable characteristics of economic globalization, and it is only road for enterprises and national economy to get on the international stage. However, when multi-national corporations expand quickly and occupy the markets in other nations, the economy in these nations where many national companies have been merged by multi-national corporations experience a great shock, which threatens the security of national economy. China can't avoid the merger by foreign funds which have made far-reaching influence on absorbing foreign capital and economic adjustment, thus we should be aware that it is extremely important and urgent to standardize the merger by foreign corporations and to prevent the monopoly. On the basis of researching the current development of the merger by foreign corporations, this thesis is aimed at establishing complete legal system, standardizing the merger by foreign companies, promoting the advantageous competition, and protecting the national industry.There are 5 parts in this thesis. Part 1 focuses on defining the relevant concept "the merger by foreign corporations", and then presents various characteristics and developing trend of the merger in China, lastly points out the danger brought by the merger. In Part 2, the author begins with the introduction of law which prevents the monopoly, and then after making a detailed analysis of the law, the author concludes: 1 the law is loose , far from strict enforcement, and lacks specific regulations; 2 the relevant norms are not harmonious and coherent, even contradictory; 3 the law is incomplete, and has plenty of weakness. Part 3 points out 3 principals in the process of formulating the law: 1 the principle of rationality, 2 the principle of equal national treatment, 3 the principle of protecting national interest and security of national industry. Part 4 deals with the specific stipulation of economic entity in the anti-monopoly law. First, the author makes sure the legislation model, and then points out the checking criteria should be double, that is, the behaviorism model should be supplemented by structuring model, at last set up the criteria and carry out discussion about defining relevant market, market centrality, market portion, and market barrier, etc. Part 5 presents the concrete regulations about the process of merging by foreign companies through comparative method. It includes declaration, censorship, establishment, and supervision of the merging by foreign companies, the author gives objective suggestions about legislation.