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M & A Review Of National Secutity

Posted on:2012-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2189330332997812Subject:Law
Abstract/Summary:PDF Full Text Request
The so-called M&A, also known as mergers and acquisitions, including corporate mergers and acquisitions. The purpose of M&A is to obtain control of the target company .Transnational M&A is a kind of mergers and acquisitions,involves two or more countries,Therefore, its meaning is different from general and domestic M&A. The birth of Transnational M&A based on the development of M&A, as a particular form of mergers and acquisitions. Transnational M&A began to emerge after the three waves of M&A. There is a global wave of Transnational M&A since 90 20th century. Particularly Since 1999,the wave of M&A almost swept the whole Europe and Asia. The global scale of M & A launching,bring a positive effect,and also bring a Negative effect in the area of Domestic enterprises,that means it is also a threat of our industrial security and economic security.With the disappearance of trade barrier among EC member countries, there must be a big scale of mergence and reform among large enterprises, which is indispensable to the concentration of that menbercountries go into a single market simultaneously. EC has set up a set of clear criteria to different mergences, EU has also set up variety of rules to limit mergences to protect member countries' competing energy from decreasing, what's more, EU has also properly concerned of the stablity of law and the principle of single-stop-type in setting up these rules. Entity control in EU's megerence control is mainly shown in the law of EU mergence control. The EU merger control law is a conbination of substantive law and adjective law. It consists mainly of the substance control laws related to competition assumption and adjective laws which guarantee the practice of substantion evaluation.In this paper, we introduce the substantive control in two aspects--relative product market and destination market and the competitive assessmet of M&A.On the other hand,American is a legislative advanced country in national security review of foreign investment M&A. Its legislation of national security review of foreign investment M&A reflects the goal of overall open to foreign investment combined with the modest regulation. American improve its entity standard of review through the control the standards of U.S. companies from foreign investment, national security criteria, and the target of the review. In review procedures, American regulates its foreign investment behavior, and maximize ensures its national security through review bodies and its authorities, process of National security review of Foreign investment M&A, supervision to the external and afterwards, and so on. The development trend of regional economic integration and global economic integration, make economic ties between the countries more closely. To study M&A Europe and the U.S. national security review system should be able to improve the related legislation in China to provide useful insights. As one of the emerging market, Chinese market is strategically important for many multinational companies, through M&A to enter the Chinese market is one of the shortcut. The global economic situation is facing the re-shuffling of the situation in the turbulent economic environment. National security is so important that it should be thought highly of in foreign mergers and acquisitions in the review. China's national security review of foreign acquisitions performs mainly reflect in industrial policy, national economic development planning, environmental policy, and public interest review. Recently, China pay more attention to Foreign M&A Review, and enacted some knowledge of the legal documents, which the aims to guide the activities of foreign M&A in China, and protect our national security on one hand can significantly contribute to the standardization of M&A activity. On the other hand, there are some shortcomings. This paper reviews the national security of mergers and acquisitions, and the problems related measures were also discussed to some extent.
Keywords/Search Tags:Foreign M&A, Review of National Security, International Comparison, Legislation and Shortcomings
PDF Full Text Request
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