On Restrictions On Competition And Its Regulation Of Transnational Corporations In China

Uruguay round negotiates each agreement signature along with World Trade Organization's establishment, the official trade protectionism is eliminating gradually, the economic globalization and the world market integration's advancement is speeding up. But at the same time, the international market is also facing the Private enterprise (is mainly Multinational corporation) limits the competition behavior the threat. The Multinational corporation limits the competition behavior to involve the antimonopoly law to regulate the behavior each essential phase, including forms the strategic alliance by each form, concludes the international Cartel agreement or implements other forms conspiring; Use superiority status implementation limit competition behavior which obtains in the host country market; In host country market not local implementation enterprise purchase. These behaviors can have the important influence by the specific angle to the host country market competition.Since the 1990s, has succeeded along with China joins World Trade Organization, the China's opening up policy degree expansion as well as encourages the degree to the foreign direct investment to increase unceasingly, the whole investment environment's further improvement, more and more transnational groups start from the global industry layout strategy altitude, determined China in its service increment chain and in the marketing network link's localization, considered the Chinese economic growth the potential, the giant market absorption capacity as well as the Chinese market's in global market important position, has the strategic vision transnational group to hasten to ground the Chinese market in abundance. The Multinational corporation takes the economic globalization the carrier, becomes the developed country foreign investment more and more fundamental mode.The Multinational corporation comes to China to invest exceptionally actively, in the global biggest 500 Multinational corporations had nearly 400 to establish the enterprise in China. The transnational group after entering our country market, on the one hand will promote our country economy development, Multinational corporation's investment regarding will improve our country property quality, the promotion industrial structure, formed the technical overflow effect and so on to have the positive influence. However on the other hand, its negative benefit also gradually reveals. Many Multinational corporations stemming from chase the favorable actuation, relies on its formidable superiority and so on property rights superiority as well as fund, technology, management and talented person seizes our country partial professions rapidly in a short time the majority of market share, abuses the market whip hand, removes or the limit competition, has harmed other operators and consumer's legitimate rights and interests enormously, has harassed our country market order.Specially in the present stage, our country monopolizes the question in view of the transnational group the legislation very not to be imperfect, at present not yet formulates includes the antimonopoly law, fair competition law competition law system, also has not formulated the more necessary enterprise merger and acquisition system, under this kind of kind of circumstance, the transnational group enters our country in abundance, monopolizes our country market very easily through the merger and acquisition Our country Enterprise, this definitely will affect our country economy healthy development.Therefore, how to guard against the Multinational corporation to abuse the market superiority limit competition, maintains the market fair fair competition the order, has the important meaning regarding our country economy healthy development. In view of these realistic questions, this article plans from the analysis transnational group to obtain in our country's limit competition question, promulgates its limit competition emphatically the origin and the present situation, as well as gives the question which by the limit competition our country the economic development brings, then further analyzes to the transnational group limits the competition question the legal rules and regulations, including the Western country's related legislation, our country's legislative present situation, the rules and regulations effect as well as the existence question, based on this proposed that own some concrete opinions and the suggestion, hoped can be in the reform and open policy and in the world economic gloablization tide Domestic enterprise has the trifle help.