Research On Foreign Captial Mergers And Acquistions Review System From The Perspective Of Anti-monopoly Law

In the economic globalization and our country for the deepening of reform and opening in China, foreign acquisitions has become the main way to attract foreign capital. M&A on our country's economic role overall is positive, but foreign capital is a double-edged sword, to our country economy also have certain negative effects, the most outstanding characteristic is monopoly. At present, our country to anti-monopoly law as the core of M&A antitrust review system is not perfect, lack of comprehensive and authoritative entities and program censorship standards.Based on the perspective of anti-monopoly law, the western developed countries advanced legislation experience, combination of China's specific conditions, the anti-monopoly censorship foreign-capital M&A in-depth theoretical analysis, and pointed out the existing institutional deficiencies, and improving suggestions.Full text is divided into five chapters, main contents are as follows:The first chapter introduces the foreign-capital M&A outlined the basic meaning of foreign mergers and acquisitions type, and emphatically introduced the foreign-capital M&A in China's development process and characteristics. The second chapter presents to our country economy of foreign-capital M&A positive effects and negative effects, points out the foreign-capital M&A form monopoly status quo is our country to its antitrust review of the inevitable choice. Chapter 3 through the analysis of the world to the antitrust regulation level of scrutiny, analysis shows that China's relevant regulations. The fourth chapter combining anti-monopoly law and related laws and regulations, this paper analyzes the M&A notification system and censorship standards. The fifth chapter presents a foreign acquisition antitrust review legislation survey and law enforcement agencies, and points out that the existing system construction of deficiency, puts forward improvement suggestions.