The Legal Issues Tnc Study

The fifth Transnational M&A became more stranger, The multinational corporations of US set off a burst of M&A wave in the world. Multinational companies from pursuing effect and scale of economic and market share to seek the optimal allocation of resources on a global scale and enhance enterprise group's competitive advantage.After the2008economic crisis, the global economic continued downturn, however, the Chinese economy has maintained steady growth. Coupled with the further improvement of the domestic market economic system and the increase of new market access opportunities, this no doubt that that will make multinational company increase investments in China's, setting off the high tide of mergers and acquisitions in China. The number of cases of multinational mergers and acquisitions increase every year in China, and the M&A scale is also gradually expand. Multinational companies interested in merger China's competitive enterprises, especially medium-sized enterprises and leading enterprises, seeking absolute control, which threat China's industrial safety and national security. In this paper, I used comparative analysis of research methods, described the advanced legislation experience of the Europe and the United States, Combined with China's legislative status quo and practical experience to put forward legislative proposals.The full text is divided into four chapters:The first chapter describes the overview of the theory of multinational mergers and acquisitions, The author has used the method of comprehensive summary defined the concept and types of multinational companies, merger and acquisition,and analysed the reasons of multinational mergers and acquisitions in China thus emphasized The need of inti-monopoly regulation for the multi-national M&A activities in China. The second chapter is devoted to European and American multinational mergers and acquisitions antitrust regulation and assessment. The author introduces the American and the Europe multinational M&A entity censorship standards, relevant market definition, the calculation of market share and market concentration, competition effect analysis and exceptional application, and make comparative analysis of the specific provisions. In addition, have a brief description of the American and the Europe and the United States anti-trust program control.The third chapter describes the legislative status quo of the anti-monopoly regulation and problems of China's multinational mergers and acquisitions. In this section, the author used method which is similar with the European Union and the United States to analyze monopolistic mergers and acquisitions, described the provisions of our legislation, and pointed out its flaws.The concentration of the substantive examination of the recommendations of the operators adopt the following basic framework and analytical thinking, and which specific systems requirements put forward a sound proposal. Step1:define the relevant market; Step2:on the basis of the first step calculate market share and market concentration to determine the control of the market, according to the calculation of the third party, to determine the results of a preliminary problem transactions delete. Step3:pay attention to unilateral effect and coordination effects of he trade show, and the trade bring the effect of the competition. Step4: on the basis of step3, assess market entry may bring the market into the potential to offset anti-competitive effects. Step5:If the transaction has the effect of anti-competitive effects, to consider its unique efficiency defense, bankruptcy company defense or other defense.