Research On The Anti-monopoly Regulation Of Foreign Capital Merger In China

"Foreign capital merger and acquisition" as one of the main forms of property right transaction,in today's economic globalization become an important means of foreign investors to invest directly in the host country economy.As mergers and acquisitions scale,market share continue to increase,"m&a" inevitably will cause the production and sale and market forces to be concentrated,leading to monopoly,destroy the good competition order of market economy in our country,the independent development of domestic enterprises.On foreign mergers and acquisitions may bring negative effects,many western developed countries choose to reach a certain scale of enterprise m&a especially foreign mergers and acquisitions antitrust review,through the design of the legislation,system,policy,established a relatively complete antitrust regulation legal system,stem from the source of foreign capital merger and acquisition of the domestic market of the impact and challenges.At present,the relevant foreign capital merger and acquisition antimonopoly law regulating the contents of the very few,only a preliminary talks about prohibited local administrative protection,abuse of dominant market position,ban monopoly agreements provisions,such as lack of "foreign m&a" or "concentration" specific provision,cause obstacles in the judicial practice;Foreign capital merger and acquisition antimonopoly law regulation system defects and blank,hindered the pace of foreign capital utilization in our country.Deeply analyze the foreign capital's m&a,combined with the current situation of the development of market economy and the legal basis,learning foreign successful experience,we can start our steps from the establishment of legislation value orientation,promote the construction of the anti-monopoly law regulation of foreign capital's m&a systematism,perfecting the relevant entity rules and procedural rules,reform regulation law enforcement agencies settings,and so on aspects,to build system,scientific and complete legal system of foreign mergers and acquisitions antitrust regulations.