Research On The Problems Of Chinese Cross-border M&a Regulations

In the process of economic and technology globalization, Cross-border Mergers and Acquisitions (M&A) has become the main approach of Foreign Direct Investment (FDI). With the gradual opening of Chinese market, the surge of merge with Chinese Corporation has been brought up by International corporations. Although Cross-border M&A can bring positive effects, such as: large amount of capital assets, advanced technology and abundant management experience. However, it can also restrict and eliminate competition for Chinese companies. As a result, it will destroy our normal competition process. Since our law and regulations regarding Cross-border M&A are still incomplete, the negative impact brought by Cross-border M&A appears more clearly.Trough the Cross-border M&A regulations comparison with the United States, Germany and Japan, this article will give some possible solution to above problems, and try to bring up some valuable suggestions about how to build up our Cross-border M&A regulations.Firstly, this article explains the M&A concepts and Government Regulation theories. Secondly, it illustrates the M&A experience of developed countries on regulations, market access systems and auditing systems and some cases will be given to explain further. Thirdly, it analyzes the present M&A situation by International Corporation, and states the necessity of Chinese regulations on M&A. Finally, this article elaborates the present Chinese regulations on M&A, and points out the problems on the regulations, market access systems and auditing systems, and it brings suggestions from these aspects, about how to build up our Cross-border M&A process.One of the innovations of this article is, through the interviews of Chinese international capital M & A enterprises, to improve the practical significance of the suggestions bring by the article. Another innovation of this article is, through two different definitions of the "relevant market", to conclude two results of Coca-Cola and Huiyuan M &A case: monopolization and non-monopolization.