Research On China's Anti-trust Regulations On Foreign Mergers And Acquisitions

With China's accession to WTO and the pattern of world economic integration continues to accelerate, foreign mergers and acquisitions (M&As) has in recent years become a hot topic discussed widely in China's economic development process. After joining WTO, China has gradually liberalized the restrictions on foreign mergers and acquisitions, large capital then pouring into China's market. While massive foreign investment capital brings into China an effective way to develop economy, it poses a great threat for the safety of domestic economy. One of the biggest negative effects of foreign mergers and acquisitions is that it is likely to cause the problem of monopoly. Hundreds of renowned domestic industrial enterprises with large market potential and independent research and development capability were purchased by foreign enterprises, causing a great loss to China's industrial and economic safety. It is urgent for the Chinese government to strengthen forces on improvement of its law system, especially regulations on areas of foreign mergers and acquisitions. The government should play an active role in guiding foreign investment, while controlling its monopolistic tendencies and protect industrial security of the market. By studying areas of general condition of China's anti-trust regulation, evaluation of current regulation system, value of China's Anti-trust Law and law system in foreign countries, the essay also gives suggestions on law building.The essay mainly focuses on 4 parts.Part one is the general condition of China's anti-trust laws and regulations. It is elaborated in the following three aspects:1, explanation on foreign M&A; 2, relations on foreign M&A and anti-trust laws and regulations; 3, the basic principle and value of Anti-trust Regulations on Foreign Mergers and Acquisitions of China.Part two studies the current Anti-trust Law of China from 2 aspects:1, the meaning of Anti-trust Law to modern China's economic development; 2, some shortcomings and points to be improved. Part three studies the rules of foreign anti-trust laws, mainly studies the evolvement and development of anti-trust laws in America, Europe, and Japan, giving experience to the study of our own anti-trust laws.The forth part giving proposals to China's current anti-trust law, and finding ways to make better usage of foreign investment.