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Research On The Anti-monopoly Regulations In Foreign Merger And Acquisition

Posted on:2012-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y FangFull Text:PDF
GTID:2216330338962445Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The article is divided into the introduction, body and closing three parts.In recent year, the research on the study of anti-monopoly legal system in foreign capital m&a has become a hot issue in the field of anti-monopoly legal field. Scholars have been done a great quantity theory researches and exploration, many countries have advanced researches and successful practice cases. In our country, there are many laws and policies in some areas, but it is in exploratory phase. Structuring a wholesome and perfectly law system of anti-monopoly legal system is the urgent need in China, and the important measure in the course of foreign capital m&a activities and building harmonious society.The text is divided into four chapters.Chapter one is relate to some basic problem of foreign capital m&a and the law theoretical foundation of foreign capital m&a system. Because of different angles, scholar pose many different conception of foreign capital m&a, because of according to different standards, foreign capital m&a is divided into many pattern. Author analyzing some typical conception, obtains an appropriate conception of foreign capital m&a. The law theoretical foundation of foreign capital m&a benefits of foreign capical smoothly.Chapter two is relate to imperfection of anti-monopoly legal system in foreign capital m&a. Against China foreign capital m&a implementation, author analyzed the imperfection of anti-monopoly legal system in foreign capital m&a. The imperfection includes chaos system and weak operability; actuator settings problems; procedural requirements of not quite reasonable; unclear regulation of foreign fiction applicable.Chapter three is relate to the condition and experience of anti-monopoly legal system in foreign capital m&a in other countries. Many countries have obtained mature theory and successful cases, such as American, German, Japan, Australia and so on. These countries have many successful cases in censorship standards and national safety review about foreign capital m&a. Apart from introducing successful cases, anthor analyzes the shortage of our foreign capital m&a, and summary some useful experience to improve our anti-monopoly legal system.Chapter four is relate to the perfection of anti-monopoly legal system in foreign capital m&a in China. In view of the shortage of our anti-monopoly legal system and actual situation of development, author put forward some proposal to improve our law system of anti-monopoly in foreign capital m&a.First, introduce the basic principles of foreign capital m&a.Second, establish clear and standardized law enforcement agencies in foreign capital m&a. Third, establish review and after the prior report system in foreign capital m&a. Fourth, introduce legal reasons about prohibiting exemption in foreign capital m&a.Establishing a perfectly law system of foreign capital m&a is urgent need in our anti-monopoly construction, which is also a important measure to build a harmonious society and promote our economic development. Of course, in view of the authou's theoretical foundation is weak, the foreign possession of limited information, coupled with the lack of practice experience, this study need more exploration in the future.
Keywords/Search Tags:foreign capital merger&acquisition, anti-monopoly laws, regulation, review
PDF Full Text Request
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