The Effects And Choice Of Host Country Government Regulation In The Course Of Cross-border M & A

Cross-border M & A has been become the major foreign direct investment means of transnational corporation,and done significant influence on economy.The essence of transnational corporation- exploiting monopoly position and seizing monopoly profits eliminates workable competition,limits technological innovation.So it makes negative effects on economic security.As a result,developed countries such as America,Japan, England,Germany,France,have passed relevant laws and regulations to regulate Cross-border M & A in their countries.With entering WTO,Chinese market is opened further.More and more transnational corporations have been merging and acquiring Chinese enterprises since 2002.It reflects the idea that enterprises improve themselves global competition in the course of economic globalization.Cross-border M&A has been driving the socialist economic construction,and while we must notice the problems that come along with it.For example,monopoly on the industry,unbalancing region's economy.Because of the incompletion of our law and regulation on Cross-border M&A,the negative by Cross-border M&A increases dramatically. So I wrote this paper＜The Effects and Choice of Host Country Government Regulation In The Course Of Cross-border M&A＞,which did intensive study on The Effects and Choice of Host Country Government Regulation In The Course Of Cross-border M&A.I tried to offer theory support and policy suggestion on regulating the effects and choice of host country Government Regulation in the course of Cross-border M&A.The whole paper consists of six chapters.The following is the main contents of each one.Chapter 1 explains the concept of Cross-border M&A and Government Regulation. Chapter 2 analyzes the effect of Cross-border M&A,and advance the function of Government regulation:holding competitive market structure,protecting consumer welfare, safeguarding state security,ensuring qualified resource shift,achieving country aim,and vindicating social stability.Chapter3 introduces the experience of developed countries on foreign capital policy,competition policy,censorship.Chapter 4 discourses the evolution of Government Regulation on Cross-border M&A,also discourses the existing regulations,and puts out the problems with foreign capital policy,competition policy,censorship,which establish the basic for perfecting Government Regulation on Cross-border M&A.Chapter 5 explains the reasons of enhancing Government Regulation on Cross-border M&A in our country.I tried to narrate from tow ways,the effect and the necessity of the normative Cross-border M&A.I made the feasibility analysis of it.These provide advantages for it, transformation of government function,legal sense of main body,perfect guarantee, development of Government Regulation theory,successful experience of developed countries, and professionals' grownup.Chapter 6 advances suggestions on the perfection of our Government Regulation on Cross-border M&A.Under the guide of the 11^th Five-Year Plan on using foreign capital,we must follow 6 principles:standardization,applicability,dynamics, continuity,synchronism,compatibility.The means of perfecting Government Regulation is as follow,definitude industries,degrees,proportions of foreign capital,erect jurisprudence,and boost arrange of law efficacy,specify organ of authority on anti-monopoly law,which favors perfecting regulations,and enact cognizance of market structure.In the light of different instance,Cross-border M&A must make declaration beforehand or afterward,or put on records afterwards.We must specify censorship and boredom.At last,this paper complemented imperfect institution.