Study Of Cross-border Mergers And Acquisitions In The Antitrust Laws

Since 1990s, the cross-border mergers and acquisitions (The Cross-border M & A)to become the main form of international investment. Multinational corporations through mergers and acquisitions to improve their market share, market power and international competitiveness. To the host country, especially the developing country, they think the Cross-border M & A can bring in capital, the advanced technology and management experience, enhance the strength of enterprises, optimize the allocation of resources, promote the upgrading of the industrial structure, promote the economic development.However, the cross-border M & A could cause monopoly, affect the market fair and orderly competition in the host country, threat their economic security.Therefore, the host country regulate the monopoly cross-border M & A by antitrust system is necessary.The article is divided into five chapters:The first chapter is an overview of introduction, includes background, the research significance, the research status, the research contents and methods, the basic theory.Chapter II discuss the antitrust law system for cross-border M & A of the United States and the European Union,and compare their different, point out that the single domestic law controls the monopoly cross-border M & A is not enough, they should actively establish the bilateral cooperation agreement and Multilateral cooperation mechanism.Chapter III explain that it is necessary to regulate cross-border M & A because it can lead to market concentration,deeply analysis the two criteria of market concentration rate, indicate that choice the rational criteria of market concentration rate should according to the different national conditions.Chapter IV introduces three Chinese laws about regulate the monopoly cross-border M & A, analysis its substantive law and procedural law, point out its deficiencies.Chapter V build our legal countermeasures, consider that we should lead in the HHI criteria to judge the market concentration level, formulate the M & A guidelines to guide and regulate the antitrust law-enforcing departments, setting up special law-enforcing department of the cross-border M & A, the antitrust Public Hearing System is explicitly stipulated in laws, and enhance illegal responsibilities.