Mergers And Acquisitions, Antitrust Regulation

This paper is divided into six chapters.The first chapter describes the background, the global wave of mergers and acquisitions doesn't reduced in the moment of financial crisis, using some data and case references, as:use the data of one of the world's top four accounting firm PricewaterhouseCoopers as reference; recent year the global classic case review: as large as Boeing and McDonnell Douglas aircraft merger; Mercedes-Benz and Chrysler merger; America Online and Time Warner merger and so on.Chapter II:an introduction on the current international research status on merge, including the oversea study situation, the change from strict to tolerance law of antimonopoly on merge. Major of domestic study are some remarks on antimonopoly law and The viewpoints of several anthoritative scholars and their writings, like Wang Xiao Ye, Wuhan Hong, Shi Jianzhong and so on. Problems still exist as:Identification of relevant market is not clear, there is the possibility of arbitrary interpretation; the twenty-eighth article is too general, Enterprises lack clearly introductions; legal liability is too light and difficulties in effective implementation of the law.The third chapter:clearly clarify the anti-monopoly law basic concept of merge, anti-monopoly merger, operators, Relevant market, monopoly, the general principles of merger and acquisition, M & A motives, the need for regulation, the concept of anti-monopoly law, monopoly identification standards.Part IV:Introduction of the legal regulation on the company merger in our country, the history of anti-monopoly legislation regulation. Substantive provisions, procedure provision, legal punishment (mainly proceed from the view of articles analysis).Part V:Foreign experience, selected The United States and Germany samples, the reasons.comparisons and references (comparing mainly from the perspective of the two countries legislation)Part VI:this part is the major of the paper, we have concept of further improving anti-monopoly law regulation on enterprise. 1, the control of M & A should be tolerant 2, focus on intervention of broadwise merge 3, standard regulation should be competed essentiality so that can reduced standards variety.4, the relevant market should have clearly identified criteria. The study method of this article:1, case analysis, selected Coca-Cola Huiyuan merger and acquisition case, boeing and McDonnell Douglas merger, and Microsoft's alleged monopoly case.2, comparative study of antitrust regulations in mergers and acquisitions in the countries of the United States and Germany and reference.3, economic analysis and legal analysis, efficiency as Economics target, dialectical analysis use for fair target in the science of law.