Comments On The Classic Cases Of Foreign Monopolistic Mergers And Acquisitions

In recent years, with the rapid development of the wave of international mergers andacquisitions, as well as China’s opening degree of the widening，foreign M&A events like floodemerged in China. For our part, foreign mergers and acquisitions will bring strong capitalinvestment, excellent production techniques and other positive factors to us, but at the same time,negative factors bound to influence the country’s economic development and market order, themost obvious factor is that foreign investors will form a monopoly to certain industries or certainmarkets of China. In order to actively make good use of foreign capital, while avoiding thedomestic industry to create a monopoly, monopolistic mergers and acquisitions for foreigninvestors in China is a research of great significance. Although the regulations of China’s foreign M&A document have been issued a lot, but in practical use, there still have to be more problems onhow to prevent mergers and acquisitions of foreign monopoly defects. In order to better use foreignmonopolistic mergers and acquisitions, the paper attempts to take the classic case study method,selects three classic cases in recent years in China’s foreign monopoly merger area for analysis.The first part of the Coca-Cola acquisition of Huiyuan case as an analytical perspective, leadsto the definition of relevant markets in one of the criteria defined foreign monopolistic mergers andacquisitions, it’s also the focus of controversy of this case, thus introduced from an academic andlegal definition of relevant markets, in assessing China’s relevant laws and regulations of thedefinition of application and at the same time in this case, with reference to the application ofmethods and experience abroad in the legal issues, made recommendations for the improvement ofChina’s legal system.Xugong case as an example to Carlyle is the second part, from the case triggered the focalpoint of departure for China’s state-owned enterprises to cope with the revelation of the foreignmonopolistic mergers and acquisitions, the system of examination and supervision of theacquisition of state-owned enterprises in China to prevent foreign monopoly system, including abrief introduction and evaluation of the declaration of censorship and to review the exemptionregime, and then advanced laws and regulations related to the examination and supervision systemto be positive, and pointed out and gives perfect views on the shortcomings of the Department. The third part of FAG mergers Xibei Zhouchen case as a starting point, we have a briefintroduction and analysis on the merits on the basis of the economic security of our country fromforeign monopoly mergers and acquisitions caused the negative impact, depth of the legal systemof our country should be from on guard against, by borrowing foreign legal experience ineconomic and security at the same time, China’s relevant laws and regulation were resolved, to ourtheory and practice, we can improve our legal system recommendations.