Cross-border Mergers And Acquisitions And The Antitrust Laws And Regulation,

In the world scope, transnational mergers and acquisitions have already become the important way of international direct investment. Although transnational mergers and acquisitions are helpful for the enterprises to strengthen the international competitive power and reduce the transmarine investment risk, their negative effect is also very prominent. Transnational mergers and acquisitions possibly lead to the international centralism and monopoly of the production and sales, which will do harm to the consumers' benefit, squeeze the national industries out of the market and cause damages to the national economy of the country where the goal enterprise is . Therefore, it has become the global tendency to regulate the international mergers under the anti-monopoly law system. Studying how to regulate transnational mergers and acquisitions according to the anti-monopoly rules and regulations has great realistic and theoretical significances.Begining with the analysis of transnational mergers and acquisitions' connotation, legalforms and effects, this article introduces two different ways to regulate monopoly in order tounderstand the international society's exploration to prevent monopoly causes bytransnational mergers and acquisitions. One way is the unilateral regulation with national law,while the other is the international cooperation. This article also discusses how to establishour country's animonopoly law system to regulate transnational mergers and acquisitions. Thefull text can be divided into four chapters. The first chapter is the summary of transnationalmergers and acquisitions, which mainly introduces the connotation, the legal forms, thehistory, the development tendency, the methods to counter mergers and the effect oftransnational mergers and acquisitions. The article points out the necessity to regulatetransnational mergers and acquisitions with anti-monopoly laws. The second chapterintroduces the anti-monopoly law to regulate transnational mergers and acquisitions in thehost country. As America and Germany are not only the countries with the most developedlaw systems to regulate mergers and acquisitions in the world, but also is the representativesof the two legal systems, this chapter compares the two countries's substantive rules and theprocedural rules of anti-monopoly. The third chapter summarizes the practices and efforts of...