Foreign Acquisitions Of Chinese Enterprises Antitrust Issues

Merger & Acquisitions by Foreign Investors is attacking China in a strong stream. On the other hand, measures controlling M&A in China has just begun. Antitrust Law as a heavyweight act in M&A controlling has not been issued yet. Therefore, it is urgent that China improve its legal system on the aspect of M&A by Foreign Investors in order to protect its economy.This paper, with five chapters, discusses problems of legal controlling system on M&A by foreign investors systematically in aspects of mode selection, review progress, and substantial review factors.On mode selection, China should establish a uniform antitrust law dealing with general problems in both inner and cross-border M&A. At the same time, on policy and regulations, it should make some differences.If divided into progress problems and substantial problems, M&A controlling legal system should be consisted with Act on progress problems and regulation on substantial problems.As to Extraterritorial Jurisdiction, the paper suggests that the Act should not make a simple and direct prescript, but give some alternation base on specific circumstances.On review progress, the paper mainly introduces review progress of UC, at the same time, contrasts it with progress of China, and gives some advice on legal system improving.At the last part, this paper refers on recent reports of International Competition Network, give some introduction of merger guidelines of various countries. On this basis, the paper lists some suggestions.