Legal Studies, Foreign Mergers And Acquisitions Antitrust Review System

With the speeding up of the globalization, M&A by foreign capital becomes aprimary method of international direct investment, because it can reduce the cost,improve the efficiency and optimize the allocation of resources all over the world. Inaddition, it can reflect the prosperity of the global competition. Though the M&A byforeign capital brings some Positive influence, it also has an inevitable monopolytendency which may damage the market economic system and the Public interests ofthe host country. Therefore many host countries regulate foreign capital M&A throughlaws and policies such as antitrust law, foreign investment law, State security law andso on.This paper, mainly from the aspect of antimonopoly law, discusses China’sregulation of foreign capital M&A. Through the analysis of merger control regulationin EU and the USA, the author tries to induce legislative advices to the antimonopolylaw in foreign capital M&A. the article is divided in to four parts.Part one analyses the concept of the M&A and the foreign capital at first. So wecan get a clearly concept of the M&A by foreign capital.Part two from the aspects of substantive law, introduces the object, standard andexemption of Anti-monopoly review in the M&A by foreign capitalPart three expounds the procedure of Anti-monopoly review in the M&A byforeign capital. It mainly includes the situation, duration and content of thedeclaration, the due Process and the term of review.Part four expounds the antimonopoly law in china.