Analysis On Crossboarder Monopoly M&A Regulation In China

M&A by foreign investors as an important transaction form of the property right, has become a major way of international direct investment. Since the Reform and Opening Policy, especially with China's entry into the WTO, China has become one part of the world's economic integration. As China's steadily-enhanced economic status and gradually-completed economic and legal system, more and more foreign investment entities were established through acquisition of the assets or equity of existing local entities. However China's existing laws on foreign direct investment merely governs and regulates the Greenfield Investment, which subsequently results in the lack of laws and regulations on monopoly. Beginning with the analysis of situation and trend of the M&A activity of foreign investors in China, this paper discusses how to set up and complete China's anti-monopoly legal system involved in M&A activity of foreign investors.This article consists of five parts. The first chapter introduces the purposes and significance of foreign acquisitions, based on the relevant anti-monopoly theory and literature, in order to provide a background and theoretical basis for the entire paper. The second chapter briefly introduces situation and tendency of foreign acquisitions monopoly in China. The third chapter reviews the characteristics of the existing anti-monopoly law on foreign M&A of United States, Japan, Germany and other developed and developing countries, in order to provide practically legislation experience for China. Chapter four analyses the value orientation, mode of anti-monopoly regulation on foreign capital M&A, and introduces the anti-monopoly legislation of China's foreign investment. The result shows that China's anti-monopoly regulations on foreign M&A are in question. Finally, according to the problems mentioned above, this article concludes some advices with detailed explanations.