On The Anti - Monopoly Law In Transnational Merger And Acquisition Adjustment

Along with the economic globalization, the wave of cross-border M&A is constantly rising; as a result, the cross-border M&A has replaced the "Green Land Investment" as the most important international investment mode. Although the cross-border M&A may help to enlarge the scale of enterprise, to enhance the operational efficiency and to strengthen enterprise's competitiveness in the international market, it may also intensify the concentration degree in the market of one country or even the whole world, which may possibly result in monopoly. Therefore, many countries impose anti-monopoly legal control over the cross-border M&A by way of legislation, and constitute anti-monopoly examination system for cross-border M&A.Compared with developed countries, the legislation in respect of anti-monopoly control over cross-border M&A in China is not so advanced. At present, the major legal basis for anti-monopoly control over the cross-border M&A are the Rules on the Merger with and Acquisition of Domestic Enterprises by Foreign Investors, and the Anti-monopoly Reporting Guideline for the Merger with and Acquisition of Domestic Enterprises by Foreign Investors promulgated by the Anti-monopoly Investigation office of MOFCOM is also of great importance to the M&A report. Also, the not-yet-promulgated Anti-monopoly Law is expected to provide some more detailed rules concerning the anti-monopoly control over M&A. Although the aforementioned regulations may constitute the preliminary anti-monopoly examination system over M&A in China, the relevant provisions still need to be improved.This dissertation will analyze and compare the anti-monopoly control systems over M&A in the U.S. and the European Union, and summarize the features and trend thereof, in the hope of being referential to relevant legislation in China.