Legal Regulation Of Cross-border Mergers And Acquisitions

The legal structure of the monopoly initiated in transnational merger and acquisition initiates belongs to a part of the legal system that controls enterprises merger and acquisition. In order to control transnational merger and acquisition effectively and prevent monopoly phenomenon that it may initiate , the western countries have already made more meticulous and more complete legal system.The foreign capitals merger and acquisition of China develops in the last few years swiftly and violently. Since especially joining WTO, the foreign capitals merger and acquisition has almost no legal obstacle in China .Trans-corporations can enter our country in a large amount by way of merger and acquisition at present. The monopoly initiated in the foreign capitals merger and acquisition not merely damages the state-owned economy of our country, assaults the national industrial system of our country, and even threatens the security of economy of our country. And the legal structure of foreign capitals merger and acquisition of our country falls scattered in some laws , regulations in disorder at present. Moreover, even to having very fuzzy regulation of foreign capitals merger and acquisition in these laws, there is no concrete measure. Especially " antimonopoly law " fails to issue slowly, relevant regulations are not very complete either in the draft. On the basis of drawing lessons from western countries' relevant legal systems, the article puts forward and improves some thinking of the legal structure of the monopoly initiated in the foreign capitals merger and acquisition in " antimonopoly law ".In chapter one ,on the basis of analyzing the concept , characteristic and influence of transnational merger and acquisition from studying enterprises merger and acquisition, the article points out the necessity of the legal structure of monopoly initiated in transnational merger and acquisition. In chapter two, the article compares and studies the relevant legal structure of western countries and summarizes the similarities and differences. In chapter three, the article puts forward and improves some thinking of the legal structure of the monopoly initiated in the foreign capitals merger and acquisition in " antimonopoly law ".