Legal Regulation Of Merers And Acquisitions

Rapid to carry out the process of domestic economic activity, mergers and acquisitions havegradually become an important way to market concentration. But when the size of the business toachieve a certain level, there may be a monopoly. Therefore reasonable to adjust the relationshipbetween market concentration and antitrust, and maintenance of effective competition in order tobecome the key to anti-monopoly regulation on mergers and acquisitions. This paper on the statusof domestic mergers and acquisitions and legislative analysis of proposed mergers and acquisitionsfor a variety of deficiencies and problems in the process of legal control, trying to learning from thesuccessful practice of States on the basis of the actual situation of domestic mergers andacquisitions, perfect views.Mergers and acquisitions legal control deficiencies made a detailed analysis and research, andto put forward their own views. The full text is divided into five parts to this problem for analysis.The first part is an overview of the mergers and acquisitions and monopoly. Described therelationship between mergers and acquisitions and monopoly, and that mergers and acquisitions,while beneficial to the enterprise and the market, but also to the entire market economy may have anegative effect economies of scale in the process of mergers and acquisitions, rapid expansion,distort competition order to form a powerful economic forces, thereby resulting in a monopoly. Thesecond part is the need for analysis of legal control of mergers and acquisitions. Further elaboratedin the mergers and acquisitions to the formation of the consequences of monopoly, the focus fromthe protection of the economies of scale and national economic security of the two macro aspects,discusses the law is the inevitable choice for the control of mergers and acquisitions. Part IIIfocuses on analysis of the status quo of China’s mergers and acquisitions legal control andevaluation. That the current "anti-monopoly law," set in this respect, there are some problems, suchas: the monopoly quantified accurately the physical standards are not specific reporting standard istoo general, law enforcement agencies set unreasonable and the extraterritorial application of theprovisions is not clear. These provisions lack a certain rigorous and scientific, and lead to practical difficulties, it is difficult to achieve the purpose of the regulation. The fourth part focuses onintroducing the world’s several countries in M&A legal control of advanced judicial experience,analyze and explore the place of inspiration for our legislative reform and the reference. The fifthpart is the first four points on the basis of the above problems, from the legislative and legalimplementation of the two proposed improvements of the author of M&legal control, investigatethe improvement of the existing anti-monopoly law "and improved, to enable them better tomaintain economic activity, the establishment of an orderly economic order to play a role.