Chinese Enterprises' Investigation Of Anti-monopoly And Countermeasure When Facing EU's Merge And Acquisition

Under the background of economic globalization, more and more Chinese enterprises would like to go abroad, take part in the international competition, and share the resource and profit from market redistribution. The global finacial crisis in year 2008, to some extent helps the Chinese enterprises change the roles in world capital market, from the former acquired party to the mainly acquirers in the world. The multinational merge and acquisition is a forceful weapon for chinese enterprises to obtain an advantageous position in orverseas market, the advantages are that the investment cost is relatively smaller but the return of income is faster, the disadvantages are its high risk and restricted by many factors, such as law and economy.As the largest oversea market of Chinese enterprises, EU is one of the most important investment target area for Chinese enterprises. However, EU has imposed rigid anti-monopoly control on merger of enterprises. Hence, Chinese enterprises have to obtain the approval of relevant departments of EU while they are conducting merger with EU enterprises.from year 2004, EU's merger regulation system has gone through a series of reformation, and become more and more rigid on anti-monopoly control on merger of enterprises. Therefore,it is very important for Chinese enterprises to have a good knowledge of merger regulation system of EU.By the means of the analysis of the case of CIMC vs. BURG, Thesis summarizes the typical characteristic of EU's anti-monopoly merger regulation system, analyze the reason why chinese enterprises' merge conduction is easily been under anti-monopoly investigated, conclude several ountermeasures for chinese enterprises when facing EU's Anti-monopoly investigation, provide guidelines to enterprises for multinational merge and acquisition, and finally complete chinese investigation system on Concentration of Undertakings . Thesis is divided into five parts.The first part is introduction which focuses on the whole process of the merger between GIMC and BURG, illustrates the relevant anti-monopoly legal question, underline that the research on EU merger control system is necessary, and then introduce the general legal questions of enterprises's merge and acquisition.The second part mainly state the EU laws on merge control. Thesis firtly introduce the general situation of EU merge system,and then introduce the detailed regulation of anti-monopoly investigation from perspactive of entity and procedure. in the end, compare the differences between Chinese and EU's anti-monopoly investigation system.The third part analyses the reason why chinese enterprises are easily been anti-monopoly investigated in EU's merge.From the perspective of economics, thesis summarizes the large-scale merge has the suspicion of monopoly, and then from the perspective of law and politics, analyses the reason why chinese enterprises are easily been investigated in multinational merge and anquisition.The forth part discusses the countermeasure of chinese enterprises when facing EU's anti-monopoly investigation. Thesis underline the importance of professional Legal Services Corporation in multinational merge,then combines with the anti-monopoly investigation system of EU enterprises merge, provides serveralcorresponding countermeasures. Finally from the perspective of macroscopic view, provides some improvement suggestions to government multinational investment protection system.The fifth part summarize the enlightenment to chinese enterprises of EU's anti-monopoly investigation system. Through the comparation of Chinese and EU's regulation in second part, from the perspective of anti-monopoly act, thesis summarizes the improvement of chinese investigation system on Concentration of Undertakings, including the improvement in legal system, law enforcement agency,the essential standard of review, procedure, and Sanctions rules.