Study On The Administrative Review Strategy Of Overseas Merger And Acquisition

Overseas merger and acquisition(m&a)is one of the important means for enterprises to become bigger and stronger.The host country's administrative review to foreign merger and acquisition by a foreign enterprise is the current practice in the world.The main review includes whether the overseas m&a impacts the host country's national security,whether breaching the restrictions to special industrial fields,and whether constituting a monopoly etc.It seems that there are some other considerations when Europe and the United States review Chinese enterprises overseas merger and acquisition.It is a big problem for Chinese enterprises to invest abroad.If an overseas m&a was rejected by the host country after the administrative review,the project of the overseas merger and acquisition will fail,the loss of the investor will be enormous.The administrative review is one of the sovereign rights for a state.There is no effective way(like MIGA/ICSID/CIETAC International Investment Arbitration Rules)to evaluate the administrative review of the host country on the level of international law,and in such event the remedy methods to investor in the host country are very limited.It can not make an objective evaluation without a neutral agency.In the long term,not only is the investor unwilling to carry out overseas merger and acquisition,but also the host country‘s economy will be damaged accordingly.This conflicts with the principles of international investment law.Therefore,it is the most important thing is that to promote the host country‘s of the administrative review to be objective and reasonable in this age.The settlement path shall not be confined in the sphere of Chinese enterprises to Europe and the United States,and can effectively be used in every country in the world.The exploration of this path can not only enable foreign enterprises to carry out overseas merger and acquisition without being treated unfairly,but also be conducive to the healthy development of international investment.