Eu Centralized Control Law And Its Legislation On Foreign Mergers And Acquisitions In China Revelation

With the developments of foreign companies, Cross-boarder Mergers and Acquisitions (M&As) become globalised. It replaces the Green-Field investment and turns into the main pattern of FDI. Cross-boarder M&As promote Chinese enterprise to implement scale benefit, realize system innovation and to reinforce market competition force. Meanwhile, it brings drawbacks as monopolization. Since the long-absence of M&As law in China, it is not easy to deal with the disadvantages. Survey the whole world, no country has been open completely in Foreign M&As field. The common method is to enhance macroscopic readjustment and control with explicit industrial policy, and to regulate it at the meantime. EU concentration regulations make detailed provisions on concept, jurisdiction, and basic patterns of anti-competition effects of concentration cases; and uniform the rules on standards of investigation, remedies, transfer mechanism and simplified procedure. EU concentration regulations, as one of the Pilates of its competition law, have been advanced on the globe. It is worthy to use for reference. Foreign M&As in China and its legislation situation are not comforting. only made shallow provisions on regulations of anti-trust investigation. Therefore, it is necessary to learn form EU, to perfect the legislations on Foreign M&As, and to foster a uniform, stable, transparent, practical law environment, thus to safeguard national economy to develop healthily.