Study Of Antitrust Laws Of Commercial Bank Mergers And Acquistions Under The Confitions Of Exonomic Globalization

With the development of economic globalization, commercial bank mergers and acquisitions (M&A) have been surging high in the whole world. In the context, our country completely opens up the domestic baking market according to the China's Accession Protocol, which makes commercial banks with relatively weak competitiveness face the impact of mergers and acquisitions of foreign banks. Now in addition to domestic state-owned commercial banks, other commercial banks are still to be developed. And M&A is one of the important ways for commercial banks to enhance their strength. While M&A, we should prevent concentration of market power from forming the monopoly which makes impact on competition. Therefore, M&A of commercial banks need to be regulated by antitrust laws. However, at present, our country almost has no antitrust laws which specified on commercial bank M&A, as well as relevant laws and regulations. Although as the basic competition law, "the Antitrust Law" is also applicable to commercial bank M&A, it needs to make special regulations for the particularities of commercial banks as they are different from common enterprises. As the district where commercial bank M&A are active, America and Europe have established a perfect legal system against monopoly on commercial bank M&A from the substantive rules and procedural rules which deserving our using for reference. Therefore, this article makes a comparative study on antitrust laws of commercial bank M&A of America and Europe, and based on our country's current situation of antitrust laws about commercial bank M&A, advances some suggestions on perfecting our country's antitrust laws of commercial bank M&A with using American and European advanced experiences for reference. This paper mainly consists of three parts:Part One starting with summary of antitrust laws of commercial bank M&A, defines the concepts of M&A and commercial bank M&A and clarifies their meaning in order to clear the object that the paper must study. And then it analyses the necessity of antitrust regulations on commercial bank M&A from the influence of commercial bank M&A and our country's current situation of antitrust laws on commercial bank M&A.Part Two introduces the systems of antitrust laws on commercial bank M&A of America and Europe from the general legislation of antitrust laws on commercial bank M&A, institutions of anti-monopoly, entity examination and the examination procedure, on the basis of which, the author compares their similarities and differences in order to provide reference for perfecting our country's antitrust laws on commercial bank M&A.Part Three based on our national conditions and the existing laws and regulations, analyses the actuality and the problems of our country's antitrust laws about commercial bank M&A from our country's general legislation of antitrust laws on commercial bank M&A, institutions of anti-monopoly, entity examination and the examination procedure. And then the author propose target-oriented suggestion on perfecting our country's antitrust laws on commercial bank M&A by using the advanced experience of America and Europe for reference.