The Study Of Anti-monopoly Legal System In Foreign Capital Merger & Acquisition

Since the 1990s, with the acceleration of the process of economic globalization transnational mergers and acquisition has become an important means of international direct investment. With the development of foreign mergers and acquisitions in China in recent years, the foreign direct investment has further increased in proportion. Foreign capital mergers and acquisitions like a double-edged sword in our country. On the one hand, it has a positive realistic significance that encouraging foreign investment and advanced foreign technology and management experience, market integration of resources, to solve the hard realities of state-owned enterprises and so on. On the other hand, the result of market power is M&A concentration. When reached a certain degree of market concentration, it will has monopoly dangerous. It will seriously hamper the healthy development of the market, threat national economic security and safety policies for industries. At present, most developed countries have established M&A antitrust law system. We should also fully aware of the foreign capital to the importance of anti-monopoly regulation. The"Antitrust Law", which is known as the"Economic Constitution"is also will be fully implemented. It fills the gap of foreign antitrust regulation of M&A. However, it should be noted that our foreign capital mergers and acquisitions legal system still exit many imperfections, such as foreign antitrust regulation of M&A legal system has not yet formed, low-order bits legislative effect, the lack of proper authority, foreign M&A legislation is too simple and lack of maneuverability.The article is focus on the current status of foreign capital in China. With perspective of the"Antitrust Law", the United States, European Union foreign anti-trust legislation in the acquisition of advanced experience, it analysis and evaluation our existing legislation deficiency, and try to put forward some improve our foreign to the monopoly of the legislative proposal.This thesis is divided into four chapters as follows:Chapter One the author make an introduction of the meaning of foreign capital mergers and acquisitions and monopoly, the impact of foreign acquisitions in China, the monopoly tendency of foreign capital M&A, On foreign M&A legal analysis of the need for regulation.Chapter two the author introduced the legal system of anti-monopoly in USA and European Union, and makes a comparison and analysis, in order to make a reference to improve our anti-monopoly system.Chapter three the author introduced our country in foreign capital status of anti-monopoly legislation, in the sight of the case that Coco-Cola offered to buy Huiyuan fruit juice, our foreign investment M & A specific anti-monopoly legal system, and analysis problems of existing laws and regulations.Chapter four build our legal countermeasures, consider that we should setting on legislation pattern options, special law-enforcing department of the cross-border M&A, the antitrust public hearing system is explicitly stipulated in laws, enhance illegal responsibilities and Improve the immunity system of M&A.