The Research On China's Law Regulation Of Anti-monopoly In Foreign-Capital Mergers And Acquisitions

As an important way of foreign direct investment (FDI) in China, foreign-capital m&a has showed some new trends over the recent years. The introduction and utilization of foreign capital are worldwidly valued, and efforts are made to maximze its benefits and minimize negative influences. The expanding foreign-capital m&a in China has brought about major changes in the subjects of m&a, charaterized by the enterprises in China. As m&a cases increasing and market share expanding, foreign-capital m&a has been profoundly influential, both positively and negatively,on China's society and economy. Negation on the benefits foreign-capital m&a brought is inappropriate for it has contributed enomously to the reform in state-owned enterprises (SOE), the promotion of establishing modern enterprise system, the funding for developments of enterprises, the introduction to advanced technology and managerial expertise, etc. Nevertheless, foreign-capital is the "double-edged sword", with the most concerned negative effects as the possibility of monoply and the potential of jepardizing the national economic security. Therefor negative effects should be kept high alert on rather than be neglected, during foreign-capital m&a. Legislation should be improved to build a anti-monoply law system on foreign-capital m&a and safeguard China economic security.With China's access to the WTO and the background of economic globalizaton, restrictions on foreign-capital m&a in China are reduced, which provides favourable conditions to the influx of foreign capital. As an active role in guiding foreign-capital m&a, the government should also pay attention to the potential risk. It is necessary to intensify regulations to avoid and reduce the potential risk of monopoly caused by foreign-capital m&a. Being based on Chinese anti-monopoly law and other related laws or regulations and using foreign advanced legislation and system for reference, the paper would put forward some proposals about anti-monopoly law and regulation of foreign-capital m&a. This paper is divided into four parts:The first part is about anti-monopoly problems in foreign-capital m&a. This part introduces foreign-capital m&a and the basic theory of monopoly and analyzes the reasons of foreign-capital m&a in China as well as the definition of foreign-capital m&a monopoly. Through the analysis of monopoly tendency in the process of m&a and negative effects caused by monopoly, this paper proposes the necessity of antitrust regulation of foreign-capital m&a.The second part tells the anti-monopoly laws and regulations of foreign-capital m&a, as well as its inspiration to China. This part mainly introduces the antimonopoly legislation system in developed countries (the United States, Japan) and developing countries (Thailand, Philippine), then puts forward the reference of constructing the anti-monopoly system of foreign-capital m&a through analyzing the advantages and disadvantages of the anti-monopoly laws and regulations of foreign-capital m&a in some foreign countries.The third part presents the current situation and shortcomings of anti-monopoly legislation of foreign-capital m&a in China. This section mainly deals with the current situation of anti-monopoly legislation on the aspect of foreign-capital m&a.With a study of "Coca-Cola m&a huiyuan case", it provides problem of anti-monopoly existing in the field of foreign-capital m&a as well as the deficiencies that anti-monopoly legislation of foreign-capital m&a shows in its legislation system, censorship standard and procedural norms.The fourth part offers the proposal for the improvement of the anti-monopoly laws and regulations of foreign-capital m&a in China. In the light of the deficiencies discussed in the third part, this section aims at the settlement of them by providing related suggestions.