The Research On Regulation Regime Of M&A And Antitrust Law Of Commercial Banks In Our Country

There are three tides of mergers in banking history of the world.The pattern of bank changes variously and affects the economic development in these mergers.Nowadays with the sweeping of three tides of mergers,Chinese banking mergers start to develop greatly.With the integration of the world economy development by now,further cross-border bank deals appear and have become a widespread phenomenon of the world.Faced with the new development situation,both domestically and internationally,effective and strict laws are required to guide and make bank mergers orderly.However little legal provision in this aspect exists and not be effective in guiding the issue of banking mergers.Antitrust law which came into force since August 1,2008 regulates the concentration practice of undertakings.At the same time,mergers between banks could constitute the concentration practice of undertakings in antitrust laws.But no specialized regulation stipulates the issue of the concentration practice of undertakings between banks in antitrust laws.Because the role of bank is relatively special,the law which mergers between banks promote market competition and improper mergers which between banks lead to monopolize can be prevented is the key problem of the present time in China.This essay mainly attempts to analyze banking mergers of the history and development and learn from foreign experience of anti-monopoly laws in banking mergers,presenting some ideas for making anti-monopoly laws belong to commercial bank mergers which are suitable for China.This thesis comprises six chapters: The introduction should be taken as the first part,which mainly discusses antitrust research in the process of merger and acquisition of our country‘s commercial banks,such as the research background,meanings of research,the research approaches,the research thought and literature review.This thesis comprises six chapters;The second part is systematic examination in regard to the basic theory of commercial bank mergers.The third part deeply analyzes current situation that anti-monopoly laws of commercial bank mergers exist in China.The fourth part systematically analyzes thorough bank mergers law of US and Europe.On the basis of foreign experience of banking mergers,the fifth part puts forward varied regulatory methods of both domestic and oversea banking mergers.The sixth part is conclusion.