A Study On Anti - Monopoly Review Mechanism Of Foreign Capital M & A

In recent years, with the development of economic globalization, cross-border m&a hasdeveloped rapidly, as a new economic entity, our country economy development is rapid, largemarket potential, has become one of the main market of foreign capital m&a. To make better useof foreign capital in our country, first to ensure that the influx of foreign investment will notdisrupt the market competition order in our country, this needs from the perspective ofanti-monopoly law on foreign mergers and acquisitions to scientific and rational examination.The anti-monopoly law enacted in2008, after the necessary legal system is also constantlyimprove, for the improvement of the system of antitrust is great significance. But we should alsobe clear recognize that antitrust system development is closely related to the economicdevelopment level, our country’s current economic development in the development initial stage,there exist many problems, so compared with the advanced countries in terms of theanti-monopoly system also has many drawbacks. This paper, taking "Coca-Cola acquisition ofhuiyuan" as the breakthrough point, fully demonstrate the antitrust review system of foreigncapital’s m&a in our country the status quo and existing problems, and on the basis of drawlessons from foreign advanced experience, put forward the improvement of the constructiveSuggestions.Research purposes: this paper will be discussed in the theoretical knowledge combined withthe case of foreign mergers and acquisitions at home and abroad, on the basis of fullydemonstrates China’s antitrust review system in legislation and practice of foreign capital’s m&ashortcomings existing in the operation, and puts forward constructive Suggestions.Research methods: in order to achieve the purpose of this study, this article adopts themethod of the annotation research, collecting relevant legislation at home and abroad, combinedwith relevant cases, and further study of the present situation and problems of China, through thestudy of foreign national legislation and academic point of view, in order to obtain the reasonableunder the new situation of foreign capital mergers and acquisitions antitrust review; In addition,using the case method, this paper analyzes the "Coca-Cola acquisition of huiyuan", on the basisof the antitrust review of foreign m&a related system were discussed; Comparison researchmethod, on the question of economy such as the standard of the strong absorption of foreignadvanced theory achievements and experience, innovation and development, our advantage.Thesis innovation: In this paper to the "anti-monopoly law" after the relevant supportingpolicies and specific implementation rules are not perfect as the background, from the visualAngle of foreign mergers and acquisitions. Anti-monopoly law in China were studied on theanalysis of the deficiency in the process of implementation at the same time, combining with "huiyuan merger" this specific case, from the perspective of theory and practice of foreignmergers and acquisitions antitrust review of the procedural regulations and substantiveregulations, finally it is concluded that antitrust review of foreign m&a in our country is still notperfect, is missing or not science, and related system. According to the unreasonable place, theauthor analyzes and presents a targeted Suggestions.