Merger Remedies Of Foreign Merger And Acquisitions Study

During recent years, with rapid development of China’s economy, cross-border merger and acquisitions (M&As) has become one of the most important ways of foreign investors having direct investment in China. On one hand, the new enterprises formed by the foreign M&As will stimulate the domestic economy. On the other hand, it will cause a potential monopoly which may bring negative affects to the market competition. Thus, in order to ensure high economic efficiency and healthy competitive environment of the market, competition authorities attach certain limits to the approval of multinational M&As to limit or impair the anti-competitive effects brought by M&As and ensure the steady increase in economic efficiency. This mechanism is called merger remedies, and its goal is reestablishing competition.China’s exploration for antitrust began in 2008, which is also the beginning of merger remedies in our country. This paper has listed the important and typical relevant laws and regulations of merger remedies. Based on the experience of the United States and EU’s legislation, an analysis of China’s present legislation is given. At the same time, this paper picked 3 typical cases to analyze in order to give some suggestions on China’s merger remedies.There are 5 Chapters in this paper, and contents are as follow:The first chapter illustrates the general theory of cross-border M&As and merger remedies, including the meaning and classification. The second chapter lists different region and country’s legislation merger remedies, mainly using U.S., EU, and China as example. The third chapter introduces the domestic legal practice of antitrust review system related to cross-border M&As. The forth chapter compares different analysis between China and EU. The fifth chapter gives the conclusion on China’s merger remedies.