Anti Monopoly Law Regulation Of Foreign Capital Merger And Acquisition Of State-owned Enterprises

With China’s accession into WTO, the reform of China’s state-owned enterpriseshas been deepened and the restrictions on foreign investment has been graduallyrelaxed in the last decade. Under such condition, the main way of foreign enterprisesto enter Chinese market is through foreign capital Mergers and Acquisitions (M&A),which to some extent meets the needs for capital of China’s economic development.From the perspective of China, the scale and scope of foreign capital M&A iscontinuously extended, however the related law is relatively imperfect. The presentlaw regarding this aspect is mainly the Anti-monopoly Law, which was enacted in2007, and some relevant rules and regulations. But such laws and regulations are farfrom enough to foreign capital M&A market. Besides that, juding from the contentsthe Law has stipulated, some regulations are not completely inconsistent with theactual development situation. Therefore research on this aspect is of both practicalsignificance to the healthy development of foreign capital M&A and theoreticalsignificance to theory development. This thesis not only makes a deep analysis of theexisting anti-monopoly laws abroad, but also probes into the prospects of state-ownedenterprises in China and points out the necessity and feasibility of enactinganti-monopoly laws for foreign capital M&A. Considering legislation and practice,this thesis finally puts forward some measures for perfecting foreign capital M&Abased on the existing deficiency.