Antitrust Review System For Foreign Mergers And Acquisitions

With the development of foreign capital M&A in China, antimonopoly review has become an important issue in Foreign Capital M&A. Antimonopoly review on Foreign Capital M&A helps to prevent the harmful effects on the effective market competition. The Antimonopoly Law of PRC will take effect in August 2008. This thesis takes a study on the antimonopoly review on Foreign Capital M&A in China on the basis of Antimonopoly Law and other related law and regulation from the two aspects of reporting and examination. Some suggestions are also proposed after studying the legislative experience of the developed countries and areas. This thesis has about 40,000 characters with 6 parts as follows:Chapter 1 is about the outline of foreign capital M&A, antimonopoly and examination. This chapter analyses the legislation issue and legal application and composes a base of the thesis.Chapter 2 studies the antimonopoly review in the reporting process. This chapter takes analysis form three parts: reporting model, reporting standards and reporters. On the point of reporting standards, this chapter takes analysis from two lines of comparison between different drafts of antimonopoly laws and laws of different countries and makes some conclusions on the comparison.Chapter 3 studies the antimonopoly review of the procedure law of foreign capital M&A. In this chapter, the stage, period and decision of examination and procedures for protecting the parties' rights are studied. Special analysis has been taken on the new regulation on the stage and period of examination by the Antimonopoly Law. The hearing process in China in the antimonopoly regulation is also analyzed..Chapter 4 studies antimonopoly review on substantial law. Substantial standard model, the relevant market, market share and market concentration are studied in this chapter. Through a comparative study, the possibility of the substantial reduce of competition standard established by the Antimonopoly Law is analyzed. At the same time, the definition of the relevant market is the prerequisite and basis for the antimonopoly review. This chapter takes a detailed analysis from three aspects on this issue.Chapter 5 studies exemption of examination, extraterritorial effect of antimonopoly review and national security review system. New regulations have been taken out in the Antimonopoly Law and still need to be detailed. The results of extraterritorial effect of antimonopoly review shall be studied. The national security review system is a new point of the Antimonopoly Law and has close relations with antimonopoly review.Chapter 6 analyzes the institutions of antimonopoly review of foreign capital M&A. The reasonable review body to be set up is the precondition of the implementation of the Antimonopoly Law. By comparison with other developed countries and areas, this chapter studies the situation of review body in China and gives some suggestions on this issue.