The Anti-monopoly Law Control On The International Mergers And Acquisitions

China's reform and opening-up started by attracting foreign capital. Now it has been the country which has absorbed most foreign investment in the world by opening to the outside world for 32 years. And its effect of utilizing foreign investment has scored notable achievements. However, when foreign investment in our country brings us capital, technology and experience, part of the large-scale foreign enterprise (especially multinational companies) cause negtive effect to our market competition by their economic influence and dominant market status, even form monopoly. Herein, the article centers on foreign capital merging and explains the necessity and urgency of establishing an anti-monopoly law regulation for it from the perspective of anti-monopoly law. Advanced experience of legislation and practice overseas are cited in the text in order to beneficially guide the establishment of the anti-monopoly law regulation for foreign capital merging in our country. In conclusion, suggestions are given for consummating the anti-monopoly law regulation for foreign capital merging through combing its reform and development and acknowledging the shortage and flaw of the current laws.The author uses three components to analyse the anti-monopoly law regulation, and puts forward the thorough point of view.First, the fundamental theory of foreign capital merging are discussed. This part mainly defines the related concepts of foreign capital merging and further analyses its benefits and risks for China. On this basis, the article gives detailed analysis of the theory of anti-monopoly law's control to the foreign capital merging and the necessity and mandatory fundamental principle of the establishment of the anti-monopoly law regulation in order to guide the legislation and practice in this field.Second part discusses the contents and flaws of the current anti-monopoly law regulation for foreign capital merging in our country. In this part, the stage of legislation in our country is firstly combed and further its current concrete system is introduced. Some of the findings of this research are:1. The current anti-monopoly law regulation is a less-than-adequate legal system; 2. The laws are in the low-level and many of them are still policies.; 3. There are unknown details which are principled regulations lacking in harmony; 4. The law enforcement agencies are not apparent; 5. It can not wait to full the national security examination system.The third part gives the methods for consummating and structuring the anti-monopoly law regulation. The author describes the legislation system of anti-monopoly law regulation for foreign capital merging in these two respects of content and method separately and hopes to give beneficial guidance to the establishment of the anti-monopoly law regulation for foreign capital merging. The author also proposes the conceive perfectly for structuring the national security examination system.