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Analysis Of Oppotunities And Challenges In Foreign-Captical Merger&Aquisitions And Suggestions On Its Regulation

Posted on:2009-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z H XiangFull Text:PDF
GTID:2189360242987990Subject:Law
Abstract/Summary:PDF Full Text Request
Since 1990s in the last century, foreign acquisition has emerged and developed so fast in China, which makes us so delighted. As one way of foreign direct investment, foreign merger and acquisition attracts foreign capital, encourages enterprises to renovate technologies and introduces advanced foreign management experience to enterprises in China. However while cheering the positive influence it brings to China, we have to rationally realize its negative impact. It is well known that foreign merger and acquisition is just like a double-edged sword. If it makes negative effect, it will damage the traditional industries in China, monopolize economy in relative industries, and even threaten the national economy. In this article, by presenting M & M & Xu Carlyle case in United States as a representative, I analyze the background of M & A in such a case and the reasons why it hadn't been approved by the Ministry of Commerce. Focusing on such a case, I point out influence it might bring to China. There are four chapters in this article. In the first chapter, it analyzes its historical background, causes and reasons, which delayed its approval for a rather long time, on the foundation of describing details in Carlyle merger-acquisition. Meanwhile, I briefly discuss the impacts which Xu Carlyle case brings to our national economy. In the second chapter, I introduce the concept, basic characteristics, types and motives of foreign mergers and acquisitions so as to make readers get a overview on foreign acquisition. In the third Chapter, its topic is Opportunities and Challenges in Foreign M & A. I attempt to analyze opportunities and challenges in foreign M & A in a dialectical perspective so as to have a comprehensive understanding on foreign merger and acquisition, and avoid its negative effects. In the fourth Chapter, I give some suggestions on management of foreign merger and acquisition and comment Clause 28 in Anti-monopoly Law of the People's Republic of China. By analyzing opportunities and challenges in M & A, I give some feasible suggestions so as to make some contribution to foreign M & A and its management in China. At the same time, I analyze the prohibition provisions on operators in Clause 28 in Anti-monopoly Law of the People's Republic of China adopted in 2007. Anti-monopoly Law of the People's Republic of China is expected to consummate management of foreign M & A so as to improve its development in China and promote Chinese market economy.
Keywords/Search Tags:merger and acquisition by foreign investor, Foreign investment, regulation, Anti-monopoly
PDF Full Text Request
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