On The Regulation Of The European Union Transnational Merger Antitrust Laws

Nowadays, in the society that economy is growing on high speed, integrating with the world and conforming to the tendency of the age is the first option for every country to develop domestic economy. And supporting homeland enterprise to race for overseas' market and leading into foreign capitals to develop domestic economy is exactly the current main economic trend of the developed country and developing country at one time. Therefore, Transnational Mergers & Acquisitions is fated to become one of the main means of realizing this economic trend. As we all know, since 1990's Transnational Mergers & Acquisitions has already substituted Greenfield investment to be the hot topic in the field of international investment. But because of different bases and positions during the M&A process, sometimes reasonable Transnational Mergers & Acquisitions could not be carried on, and the negative effect would appear to lead to monopoly. So how to regulate Transnational Mergers & Acquisitions correctly and prevent monopoly effectively has become the common regard of educational circles. In this thesis, the author will take the regulations of Transnational Mergers & Acquisitions in the European Union as the object of study, and compare with USA along appropriately, at last expound and prove the European Union's characteristic and rationality by example; and hope to be able of providing a data for our country to continue perfecting anti-monopoly law.This thesis is divided into six chapters.Chapter one is the foreword on the significance of this disjunctive, and it introduces the current situation of the selected topic, the thought and methods of research.Chapter two submits the Transnational Mergers & Acquisitions. The author will analysis the concept and type of Transnational Mergers & Acquisitions and the relationship between Transnational Mergers & Acquisitions and anti-monopoly by summarizing synthetically, and then emphasizes the necessity of carrying out the regulation of anti-monopoly. At the same time, combining with economic principle, the author will introduce the current main patterns of anti-monopoly simply.Chapter three analyses the substantial standard of the European Union's regulations of Transnational Mergers & Acquisitions. The author starts with the evolution of the system of Transnational Mergers & Acquisitions in the European Union and tries to prove the process from the standard of "Abuse of a Dominant Position" to the standard of "Significantly Impedes Effective Competition" is correct, and then reach the conclusion that the regulation is serving for economic integration of the European Union. Meaning while, the author analyses the deciding of relevant market and market concentration rate and the efficiency defendant, put out its rationality by contrast with American comparatively and analytically.Chapter four focuses on the review procedure of the European Union. The author introduces the review procedure of the European Union currently in effect and outstands the point of the European Union's focusing on legislation value, then come to the conclusion that the European Union gives priority to efficiency combining with its situation. At last the author comments on the flicker point-"one stop" review procedure of the European Union and reach the rationality.Chapter five analyses the extraterritorial application of the regulations of Transnational Mergers & Acquisitions in the European Union. Researching from three principles of the European Union and combing with concrete case, the author analyses the European Union how to carry out its regulations outside in different conditions.Chapter six analyses the inspiration of the regulations of Transnational Mergers & Acquisitions in the European Union to China.