Study Of Cross-border Mergers And Acquisitions, Antitrust International Harmonized System

With the development of economical-globalization and overseasinvestment, the M & A becomes the key role of FDI, in somecircumstances, it can directly represents FDI. Transnational M & A willsurely be enlarged and deepened while the expansion of WTO, thedeepening of world integration and the development of FDI. It can offera kind of powerful economy means for enterprise to enlarge its scale,improve economic performance of production and management,reinforce international competition ability and enter a new market. Inaddition, as one of the major ways of international direct investment,transnational M & A is still helpful for international capital flows, it canoptimize the allocation of resources globally. Nevertheless, transnationalM&A at the same time has the trend to be used in the marketcompetition restriction. Therefore, the regulation of the transnationalM & A has become a very important basic content in antitrust legalinstitution in many countries, especially the developed courtiers.Transnational M & A and some other overseas investment usually relateto a great number of courtiers, which means one same action oftransnational M & A will be regulated by lots of different antitrust laws indifferent countries. This phenomenon is more outstanding in thebackground of the rapid development of economic globalization, that'swhy the institution of intemational harmonization is needed urgently.This thesis consists of 5 sections.SectionⅠintroduces the definition and the function oftransnational M & A, and discusses the reason why antitrust law is badlyin needed based on the analysis on the monopoly.SectionⅡfocuses on the reason why the institution ofinternational harmonization is indispensable.SectionⅢexpounds the principles and ways of internationalharmonization, and cites the examples of some developed countries,region-organizations and international organizations. SectionⅣintr6duces the three main ways of internationalharmonization based on the practices of the U. S., EU, WTO and OECD.SectionⅤargues that China needs to construction the intuition ofinternational harmonization and to react to the problems which has beenreferred to the above, and gives some suggestions on the structure of theinstitution of international harmonization.