Study On The Anti-monopoly Legal Regulations On Foreign Mergers And Acquisitions In China

As an important way of the foreign direct investments in China,foreign Mergers & Acquisitions(M&As)show some new trends of late years,the most negative impact of which probably results in monopoly and even disserves our industrial and economic safety.With China entering into the WTO,the restriction of foreign M&As has been loosened gradually.Our government should enhance the regulations on foreign M&As necessarily to keep away and reduce the monopoly risks they may bring,while inducting the positive effects they have made.Based on the rules of our Anti-monopoly Law and the related legal regulations,this paper puts forward some suggestions for further legislations of the Anti-monopoly legal regulations on foreign M&As in China,using advanced legislations in foreign countries for reference.This paper is composed of three chapters plus the preface and final remarks.Chapter one indicates the monopoly risks foreign M&As may bring,analyzing the new trends of them in China and the cause of formation.Moreover,it puts forward the value and the necessity of legal regulations on foreign M&As.Chapter two mainly introduces the primary practice of legal regulations on foreign M&As nowadays in China,emphasizing the existing problems of three aspects by analysis with relative cases as follows:the identification of standards,the double reviews and the extraterritorial application of our Anti-monopoly Law.Chapter three bases on illustrating the flaws of the existing legislations,uses advanced legislations in foreign countries for reference and proposes some suggestions for the furtherance of relevant legislations in China.