A Study On The Legal Risks And Evasion System Of Chinese Enterprises' Overseas Merger From The Perspective Of Anti - Monopoly Law

With the continuous development of China’s economy, More and more Chinese enterprises have the strength of international competition. In the course of its participation in international competition, in order to get bigger and faster market share and business breakthroughs, Chinese enterprises will use overseas acquisitions way to get some quality resources and market space. And overseas mergers and acquisitions is a systematic project, involving plights and problems related to all aspects of the party, The legal risk of anti-monopoly law is the precondition to decide whether the overseas M & A will be successful or not However, we are not difficult to discover, Chinese enterprises overseas mergers and acquisitions process in the presence of certain problems and risks, especially in the anti monopoly law. Therefore, Chinese enterprises need to start from their own situation and the international situation for triggered anti monopoly legal risks of reason and legal development, for the future development of formulate corresponding countermeasures.Therefore, based on the acquisition of Shuanghui Group as a case of overseas mergers and acquisitions business in the process of risk analysis of antitrust laws, and actually analyze the United States and Germany’s legislative system and legal practice, for subsequent related legal risks avoiding proposed to provide a reliable basis. At the same time, based on case studies and a summary of the current situation and problems of the present stage, this research provide suggestions that companies should improve the relevant legal system for overseas mergers and acquisitions, build internal Chinese enterprises overseas antitrust law risk prevention and control system, and improve the relevant departments in the Chinese enterprises in the field of censorship, optimization and improvement. The research is intended to provide practical guidance for the subsequent improvement of relevant legislation and enterprises to build a suitable system of risk aversion antitrust law.