Antitrust Law Regulations On Bank Mergers And Acquisitions

Since the Philadelphia national bank case, the anti-monopoly law regulation of bank M&A gradually become the important constituent of the antitrust laws of acquisition system in many countries. After the collapse of the Bretton Woods System, great changes have taken place in the patterns of the international currency. International political and economic development presents characters with political multi-polarization, economic integration, financial globalization and regional collectivization. At the same time, the innovative financial derivatives are continuously increased. In recent years, banking M&A, especially multinational banking M&A is increasing, meanwhile, bank M&A legal regulation system especially the anti-monopoly law regulation system is continuously increased. But the particularity of the banking sector makes traditional M&A theory cannot fully apply. What’s more, the advanced development of bank M&A put forward higher requirements on the formation and development of bank M&A regulation theory. Faced with such reality, draw lessons and experiences from the international bank mergers and acquisitions, and research the internal mechanism of bank mergers and acquisitions is important to correctly grasp the current banking industry competition situation. On the other hand, it is of great significance to constantly expand the scale and enhance the competitiveness of domestic banks. Moreover, it can also help to protect our country’s financial security and economic security.In this paper, the research aiming at the particularity of bank M&A, integrated using comparative analysis, historical analysis, normative analysis and empirical analysis research methods. The author also carry on comprehensive study methods on the anti-monopoly regulation of the general theory of bank M&A, and the outside experience, and also the situation of our country’s law regulation. On the basis of thorough analysis and rigorous comparison, aiming at the current problems of bank M&A anti-monopoly regulation, throw out some suggestions at a theoretical level.In this paper, the general theory of bank M&A anti-monopoly regulation is the basement, the first chapter of this paper introduces the general definition and characteristics of M&A and analyzes the reasons of bank mergers and acquisitions and the main content of the anti-monopoly law regulation from the angle of the combination of economics and law. Due to the developed countries have rich experience in the area of bank M&A anti-monopoly law regulation and a large number of successful cases, especially because they have the new change of rules and regulations in the banking sector since the 2008 subprime crisis, the second chapter of this article summarizes the rules of experience and development trend of the USA, Japan, the European Union and other countries or regions, and analyses the common characteristics and personality traits through comparison and analysis. On the basis of the foregoing content, the third chapter of this paper investigates our country’s legislation experience on bank M&A, and analyses the defects of regulation system in China through the analysis of the present status of legislation, including legislation system, declare censorship standards and specific rules. Finally, in combination with the developed countries or regions regulation experience, on the basis of based on the problem of regulation system in our country, the last chapter of this paper discusses how to perfect the system of bank M&A anti-monopoly regulation in our country, This paper puts forward several recommendations through legislation system build, declare for examination and approval system construction,declare examination standard for examination and approval system construction and entity rules in details in order to provide theoretical suggestions for healthy development of the banking business.Based on the above ideas, this article from the theoretical basis, outside experience, China’s present situation, the regulation system and so on four levels, through the detailed introduction and comparison of the overall argument, anti-monopoly law regulation system of bank M&A has carried on the systematic theory research.