Study On The Anti-monopoly Legal Regulations On Foreign Mergers And Acquisitions In China

With the increasingly fast development of the global economy, foreign investors'merger and acquisition becomes a foremost way of international investment.As the Reform and Opening Policy,particularly with China's entering into the WTO,more and more transnational corporations turn their's eyes on our market.They were established to adopt acquisition of existing local businesses,with China's strengthened economic status and gradually-completed legal system.Foreign investors'merger and acquisition not only brings technology,capital and advanced management experience,but also promotes the industry restructuring course.At the same time,Foreign investors'merger and acquisition has its harmful effeets,in which monopoly is the most significant one,and even disserves our industrial and economic safety.As now,most of our existing laws on foreign investment governs and regulates the Greenfield Investment,lacking of laws and regulations on monopoly.It may be create inequalities and unfairness,also, hurt foreign investors'confidences in our market place.Therefore the study in anti-monopoly is very important in perfecting our market condition as well as in capitalising on foreign investment.USA,EU and Japan's history of rules on anti-monopoly are longer and have their own advantages,that have very important meanings for our to learn. This essay proposes some suggestions for further legislations of the anti-monopoly legal laws on foreign merger and acquisition in China,using advanced of legislations in foreign countries.The thesis is divided into four parts.Part one,introduces the definition on foreign investors'merger and acquisition through two aspects,analyzes the new trends of them in China and puts forward the necessity and the value of legal regulations on foreign investors'merger and acquisition.Part two,evaluates the characteristics of the existing anti-monopoly regulations on foreign investors'merger and acquisition of US,EU and Japan,in order to provide useful legislation experience for us. Part three,introduces our anti-monopoly regulations on foreign investors'merger and acquisition through entity rules like request standard, scrutiny standard, relevant market's definition and legal rules like scrutiny system,supervision authorities,legal responsibilities.Part four,proposes suggestions on improving China's foreign investors'merger and acquisition. Mainly from four sides:first,perfect legislation's system; second, perfect entities the rule of law; third,perfect legal procedures;finally, perfect the department of anti-monopoly .