Antimonopoly Review Of Cross-border M&A

With the rapid development of economy, Global competition is more and morefierce, M&A, especially transnational M&A is also increasingly frequent. Theimportant role of transnational mergers and acquisitions in international directinvestment is more and more obvious. Countries around the world on the one hand,in order to develop national economy better, on the other hand also want to protectdomestic companies from foreign companies, so they develop the antitrust lawsactively. Due to different economic, political, social, and legal background, theantitrust legislation is also differ in thousands ways. The antitrust review of thedevelopment of our country has just started, compared to the legal regulating of thedeveloped countries still having a lot of shortcomings.This paper mainly adopts research methods such as comparative analysis,generalizations to complete the thesis writing, with comparing the antitrust review ofthe United States, the European Union and our country, to point out theinsufficiencies and problems of antitrust review existing in our country. Learningand referring to the legislation patterns of the United States, the European Union, toimprove our antitrust review system, and develop the socialist market economybetter, and guide the enterprise development in our country better, and ensure goodmarket competition environment in our country.Monopoly and anti-monopoly as the foundation of this thesis, the paperintroduces the concept of monopoly and antitrust and causes, the definition of theanti-monopoly law, and the development status and trend, emphasis on the maincontent of anti-monopoly law, introduces the contents of the anti-monopoly lawaround the world.Then this paper expounds the formation causes of the concept of cross-borderM&A, and the present situation. Because this paper discusses the antitrust review ofthe transnational merger and acquisition, So the introduction and discussion oftransnational M&A is also necessary. The above concept is discussed in order to expand the comparative study on theantitrust review in this paper.Finally compare the antitrust review of the United States, the European Unionand China. First compare with anti-monopoly legislation background and generalsituation of the United States, the European Union and China, analysis thesimilarities and differences of the antitrust legislation mode. Because theanti-monopoly review process usually includes the relevant market definition, Thecalculation of market share and market concentration and Detailed analysis of thephysical standard. So the paper first introduces application system, reportingstandards and review procedures, and then with emphasis on the all contents of theaudit standard, compare every part, and compare with the United States, theEuropean Union and China in transnational mergers and acquisitions antitrust reviewsystem. Analysis of similarities and differences in the system of the United Statesand the European Union, as well as our country, summarizes the deficiencies andproblems in some system in our country.Comparing the various systems，the antitrust review system of China is close tothe EU. But because the antitrust legislation and antitrust review is in its infancy, soIn terms of specific physical standard, such as the analysis of competition effect,efficiency, defense, defense of bankrupt companies and so on, and there are manyproblems to be solved.Through the comparative analysis of previous chapters, reach a conclusion ofshortcomings of Chinese antitrust review. Hope to provide some help to relateddepartments in the aspect of improve the system of the antitrust review.