On China's Foreign M & A Antitrust Regulation

In the background of economic globalization, the acquisition by foreign investors has become a major form of international direct investment. Since the 1990s, the wave of Foreign Capital Merger and Acquisition on China' s economic development has emerged in the impact of a growing trend. Foreign Capital Merger and Acquisition has played a certain role in promoting on China's economic development, but also brings a number of negative effects to China' s economic development, the most worrying is Foreign Capital Merger and Acquisition may be formed monopoly to harm our country' s market competition order. Therefore, how to use legal means to deal effectively on foreign regulatory system, in the use of foreign investment in China is an unavoidable issue. But China' s anti-monopoly regulation of Foreign Capital Merger and Acquisition remains scattered legal system, the legal system does not sound relevant too. Regulation of foreign investment in China M & rely mainly on the relevant ministries and commissions of the State Council promulgated in 2006 on "Foreign Investors the Provisions of Mergers and Acquisitions of Domestic Enterprises, " such as regulations. China in 2007, the "Anti-monopoly" law, but its anti-monopoly on foreign mergers and acquisitions regulations adopted model legislation related to the system design and the State Council' s regulations were inconsistent and even conflict, and the law to the provisions of the merger is still relatively principle, so it also requires a corresponding support of the supplementary .Therefore, this paper on China's existing laws and regulations, especially the "Foreign Investors the Provisions of Mergers and Acquisitions of Domestic Enterprises* and the "People' s Republic of China Anti-Monopoly Law" on foreign mergers and acquisitions in the antitrust review of the relevant system analysis, learn from foreign advanced legislation experience and consider the condition of our country on the basis of perfecting China' s foreign capital to purchase the anti-monopoly regulations and the legal system related system design proposals. This paper is written under the background of the "Anti-Monopoly Law" passed but not yet implemented; also it' s precisely the difference between this paper and other issues which are discussing on the foreign capital merger and acquisition antimonopoly law rules and regulations.