The Foreign Capital Merger And Acquisition Of Domestic Enterprises Anti-monopoly Regulation Research

With the economic globalization, the degree of our market opening is more and more high, the means of investment of foreign investors in foreign capital’s m&a in China is also more and more conspicuous. Facing the increasingly active of m&a activity, to the reflection of foreign capital’s m&a in our country has also reached the unprecedented height, and there are so many of the against and question over the events of the foreign capital’s m&a. the review process and quality results in Coca-Cola merger case caused so much wide and fierce debate. Foreign investment in China of foreign capital’s m&a as one of the important ways, in recent years takes on some new development trend. With the passage of time, many years of practice and that the foreign capital is a "double-edged sword", it can promote the economic development of our country, but at the same time to the economic development of our country and can also bring some negative influence, one of the biggest negative impact is monopoly risk, and may even harm to our economic security and industrial safety. Government guide in foreign capital’s m&a play an active role, at the same time it is necessary to cause the problem of monopoly of foreign capital’s m&a increased regulation efforts, to prevent and reduce the m&a may bring the monopoly of the risks and safeguard China’s economic security and industry safety.In this paper, the empirical analysis method, based on China’s anti-monopoly law, about a foreign investor merges a domestic enterprise of regulations, the state council about the concentration of the provisions of the declaration standard, and other relevant laws and regulations, and legislative practice in China, the deficiencies for analysis. Using the method of comparison study foreign regulation merger legislation, through using foreign advanced legislation, to improve foreign mergers and acquisition of domestic enterprises by the specific Suggestions makinging references. The article is divided into three parts:the first part is about mergers and acquisition of domestic enterprises by foreign capital makinging references analyzed the necessity of. Through the Coca-Cola m&a huiyuan cases will question derivation, foreign capital’s m&a to the characteristics and development trend is introduced, and the foreign capital’s m&a possible negative effects are analyzed, and the foreign capital’s m&a may lead to the trades monopoly, influence of national economic safety, destruction, effective competition, violations such as consumer interest negative influence, so it is necessary for us to mergers and acquisition of domestic enterprises by foreign capital the conduct of the anti-monopoly law regulation. This part of foreign capital’s m&a makinging references to the theoretical basis of carry on the elaboration, analysis of the foreign capital’s m&a anti-monopoly law regulation of jurisprudence seeks basis and the interpretation of foreign-capital m&a anti-monopoly law regulation will achieve value goal.The second part is to foreign capital’s m&a in China on the antitrust legislation of the shortcomings of the current situation analysis, according to declare-review-the order of the legislation that are analyzed and put forward the shortcomings. Application system is not rational, including declaration not enough scientific standard and notification procedure wasn’t strong enough, the system of review of relevant market in the definition of the not clear, and lack of system of foreign capital’s m&a, special about the national security censorship, determination standards to be perfect, exemption from the provisions of the system is too general.The third part through to the American and European Union countries and areas of foreign-capital m&a anti-monopoly law regulation of the analysis of the specific provisions, and discussed its on China’s m&a makinging references to the reference and guidance, puts forward the antimonopoly law regulation of foreign capital’s m&a perfect specific Suggestions that also is according to declare-review-the order that improving Suggestions, including establish the reasonable application system, clear definition of the relevant market, establishing the system of national economic safety review system, and perfecting the antitrust determination standards, and puts forward to perfect hearing procedure and immunity system, to guarantee the rights of the parties to a merger.