Antitrust Review Standards Of The Foreign Acquisition Of Domestic Enterprises

According to the report of the authoritative institution, since 2006, foreign capital merged and acquired Chinese corporations tends to be blowout. Foreign capital M&A, as the most important part of foreign investment, has its advantages and disadvantages. On one hand, foreign capital M&A provides fund, advanced technology, on the other hand, it may bring adverse effect to the effective market competition. Some foreign enterprises raise market concentration and strengthen market dominancy through M&A, in this way, the market competition is impaired and monopoly forms. So in order to protect the market competition, in foreign capital M&A is especially important. In antimonopoly regulation, the most important thing is to adopt which standard. This paper uses comparative analysis and analysis of demonstration, briefly introduced and compared the standard of other foreign countries, then introduced China's anti-monopoly legislation, especially make analysis of the standard in china's anti-monopoly law, which enforced since agu. 1.2008.The author make the case Coca Cola merge and acquire Hui Yuan to the empirical analysis, and pointed out the problems that china's anti-monopoly review may encounter in practice, and on this basis, the author give the own advice, which is to establish the related legal documents to enrich the anti-monopoly law. The author hopes that through the research of the anti-monopoly review standard of foreign capital M&A, a humble effort could be contributed to establish China's anti-monopoly detailed rules and the related legal documents of foreign capital M&A.