Anti Monopoly Law Regulation Of Mergers And Acquisitions Of Transnational Seed Corporations

In 2000 the promulgation and implementation of the <Seed Law > truly open China seed market in the door, waiting for a long time, the multinational seed companies are stationed in China’s seed market, from the first flower, vegetable seed market to gradually enter the field of crop seed market, mainly through mergers and acquisitions in China’s rapid take root. Promote multinational seed companies mergers and acquisitions the factors in our country mainly lies in the positive effects of cross-border mergers and acquisitions, the Multi-National Corporation home country policy and legal support, as well as China’s seed industry environment for the multinational seed companies to provide the opportunity. At this stage, China’s seed industry development facing the high value of seed market in the international market share is low, a large number of enterprises and the competitiveness of multinational. Seed company mergers and acquisitions triggered the severe situation of seed industry monopoly risks.Regulation of anti monopoly law of mergers and acquisitions of transnational seed corporations has certain theoretical basis, for digestion of multinational seed companies anti competitive effects of mergers and acquisitions, now and in the future development of China’s seed industry need to promote, protect the national economic security with seed industry related to, taking into account the seed industry policy of our country at the present stage reflects the importance and necessity of the regulation of anti monopoly law; monopoly advantage theory, product life cycle theory and the theory of internalization of transnational merger and acquisition the basic theories of; industrial organization theory, theory of effective competition, protection of the interests of consumers, the maintenance of national economic security constitute the relevant theory of the anti-monopoly law.China’s anti monopoly law to multinational seed companies merger and acquisition behavior regulation of the main system including declaration system, review mechanism and exemptions, turnover of reporting standards prior declaration procedures and related legal liability constitute the declaration system of the core, to substantial competitive harm effect for review of the standards, market share and market concentration degree, the considerations, anti monopoly review and national security review of the cohesion and review procedures formed mechanism to review, and mergers and acquisitions firm defense of the general provisions and agricultural areas of the immunity of the special provisions reflects the cross country seed company merger and acquisition of the exemptions.China’s anti monopoly law on transnational seed merger regulation is mainly reflected the lack of early warning mechanism of declaration before the consultation and reporting time uncertainty of the formation of the multinational seed companies in mergers and acquisitions, and generally in the field of enterprise merger and acquisition compared to the lack of reporting standards of mergers and acquisitions of transnational seed companies.Review mechanism of the national security review, mergers and acquisitions of transnational seed companies exemptions exist exempted limited expansion and conditional limit the choice of limitations.In anti monopoly law regulation of strengthen the multinational seed companies mergers and acquisitions, clear declaration of consulting and earlier declaration time conducive to the formation of multinational seed companies merger and acquisition of the early warning mechanism, can be established relatively low multinational seed companies merger and acquisition of the reporting standards, adhere to strictly limited exemption exemption principle increase conditional efforts to limit, strengthening multinational seed companies mergers and acquisitions case of national security review, and the establishment of professional service organizations.