Our Country Of Foreign Mergers And Acquisitions Regulations Against Monopoly

Foreign capital into the host country economic system is the market economy develops to a certain stage of the inevitable result, but along with the constant development of foreign capital, foreign capital merger host country enterprise and other foreign enterprise situation appear constantly, and for the host country market environment and the impact of economic security also unceasingly highlighting, the host country government is bound to foreign mergers and acquisitions of this economic phenomenon in a certain degree of regulation. In the accession to the wto and the deepening of reform and opening up process big background, to enter China’s market of foreign capital is also increasing. The access of foreign capital to our country’s market economy into the great vitality, and enhance the competition among enterprises, foreign capital merger and acquisition also in promoting our country’s economic development yeast played an important role, but should pay attention to, the foreign capital merger and acquisition is also a "double-edged sword", it also on China’s national economic development produced adverse effect, such as crowding out national industry, foreign investment through the merger and acquisition means control of domestic enterprises and expand its in our market share and market share, this trend has very obvious. From to protect its economic interests Angle, can’t allow unrestricted foreign capital in China national enterprise annexation, we encourage competition at the same time, more to limit by foreign capital merger and acquisition monopoly generated. At present, many countries all foreign capital merger into its anti-monopoly law system, and in this under the trend of globalization, our country foreign mergers and acquisitions of anti-monopoly legislation situation is not optimistic, and the law of the People’s Republic of antitrust law since August1,2008after the enforcement, including foreign mergers and acquisitions, mergers and acquisitions have relatively complete antitrust rules system, however our country to foreign mergers and acquisitions of no independent legal management, more no independent foreign capital merger and acquisition antimonopoly law, together with foreign mergers and acquisitions of antitrust related regulations still not come, and lead to relevant institutions in the real cases of m&a on antitrust investigation lack the applicable standard problems still exist. How to keep our country to foreign capital attractive at the same time, strengthen the foreign capital merger and acquisition, especially to may cause industry monopoly or region damage behavior of monopoly competition cognizance and deal with and overcome foreign mergers and acquisitions of bring market monopoly harm, safeguarding national brand, market order and economic industry safety, for us is not only necessary but also urgent. Foreign capital merger and acquisition of anti-monopoly law system to revise and perfect, is not only an important task of legislative, law enforcement departments and theorists will pay great effort. The western developed countries in the foreign capital merger and acquisition of anti-monopoly law system of experience, but the actual situation in our country is concerned, still should be in anti-monopoly legislation, law enforcement practice by, the summary is suitable for the situation of a country system, such ability of foreign mergers and acquisitions of moderate, reasonable and legal regulation. This article is based on this theme for trial.