The Analysis Of Antimonopoly Law In Transnational Merger And Acquisition

Attracting worldwide attention China "antitrust" Since August1,2008implementedup to now has been nearly five years. China’s "anti-monopoly law," the implementation ofthe Law can be said that China’s development of a great weight milestone on the domesticeconomic actors, foreign investors have very important significance. Chinese enterprises,especially in access to foreign markets, they often face antitrust sanctions and blocking,and because of the lack of theoretical and empirical, in the face of foreign strong legalforce, but binding the hands of Chinese enterprises, powerless, and thus "anti-monopolylaw," the issued for Chinese enterprises "going out" is very important legal support. Afteryears of development, China has become the world’s most extensive and very dynamicmarket, is one of many multinational companies contested, which also determines theChinese this young antitrust laws in the world will have can not be ignored influence."Anti-monopoly law," the young enabled her to absorb the essence of the relevantlaws of other countries reject the dross, and its importance is also bound to attractattention at home and abroad and picky, so in legislation and enforcement must be better.Admittedly, there is still a lot of anti-monopoly legislation needs improvement. On the onehand, the anti-monopoly law enforcement ranks the quality and capacity still can not meetthe increasingly complex needs; On the other hand, opportunities and challenges, this alsomeans that Chinese legal practitioners in the field of antitrust law has a significantopportunity, because this field has too many issues need to be studied and explored, withmuch uncultivated areas need to be developed and cultivated. The Chinese market isunlimited, attracting a large number of international corporate giants in China, botheconomic cooperation, but also game competition, which is China’s economicdevelopment has a profound impact immeasurable. Especially in the face of foreigncapital, the face of cross-border mergers and acquisitions, we have cautiously welcomed,as is likely to be a threat to national economic security, national economic balance andstability will be affected, so the cross-border merger antitrust importance of legalregulation self-evident. Our young "antitrust" is facing inescapable challenge. Against this background, this article will be the next Coca-Cola to buy Huiyuan caseas an example, after a comprehensive analysis of the case and thus careful antitrust lawsregulating cross-border mergers and acquisitions to make assessments andrecommendations for improvement. Then, using a comparative approach, by comparingthe United States and Europe antitrust laws against cross-border M&A regulation whichmade in China "AML" transnational M&A legal regulation made severalrecommendations. First, two important concepts defined relevant market and marketdominance, both in cross-border mergers and acquisitions in both antitrust review of anextremely important role, but the "anti-monopoly law," the standard of its vague definition,making investors in when nothing Yiping self-examination is recommended to study inEurope and America to establish uniform standards and clear legislation must be strictlyenforced; Secondly, with regard to national security review, China’s legislation in the fieldin which a relatively weak, recommended the practice of drawing U.S. law, theintroduction of specialized laws to regulate the "Foreign investment and National SecurityAct," the national security review to deepen and refine the exact ensure national security,but also a reflection of foreign-funded enterprises responsible to make it a more secureand stable market participation. Again, on the concentration of business operators,"anti-monopoly law," the relevant regulations exist defining criteria is not clear, given theanti-monopoly law enforcement agencies too much discretion, and its law enforcementlack of supervision, as well as anti-monopoly law enforcement agencies exist multiple,complex operation mode confusion, lack of law enforcement officers while high quality, itis recommended: the introduction of relevant laws, clearly defined standards, analysis ofindicators, analysis and assessment methods paradigm; establishment of an independentoversight body of authority, a clear punitive measures; efforts to train highly qualifiedantitrust legal talent, make research and work financial support, making China’s"anti-monopoly law" transnational M&A legal regulation constantly get new inspirationand improvement, sustainable development.