The Mechanism Of Monopoly Law In Foreign Capital Merger And Acquisition

Through the legal system of foreign capital merger and acquisition in China anti monopoly law regulation,antitrust authorities set and anti monopoly of the reporting system,review system to further improve,aims to explore conforms to the situation of our country,but also with the international antitrust rules of anti-monopoly law regulation measures,to achieve a reasonable safety in the process of the merger and acquisition of foreign capital in the maximum extent.The first part starts from the introduction of foreign investment in China this year,proposed a merger may bring monopoly concerns of foreign capital,this article discusses the prelude to open.The second part describes the foreign acquisitions of the basic concept,motivation,characteristics and the problem of monopoly concept,standard,monopoly risk,and analyzes the necessity of anti-monopoly regulation.Article from the foreign capital merger and acquisition concept of analysis in recent years,foreign mergers and acquisitions hot motivation and specific characteristics,introduces the basic concept of monopoly and specific standards,the analysis the foreign capital merger and acquisition may bring the risk of monopoly,clearly put forward the anti monopoly regulation of the importance of foreign capital merger and acquisition in China.The third part in-depth analysis of the status of China’s foreign acquisitions in the antitrust laws and the existing problems.Firstly,from the anti monopoly legal regulation of the status quo of details of the China’s current anti monopoly legal situation,antitrust authorities set and the anti-monopoly declaration system and examination system,in-depth analysis of the anti monopoly law regulation of several important aspects of the existing problems.The fourth part is the comparison of foreign advanced anti-monopoly legal regulation system.From the representative of the United States,Germany,Japan and Anglo American law system and continental law system countries do the compared,respectively,according to the anti monopoly law,antitrust agencies,the antimonopoly declaration system do the detailed analysis,and on this basis,summed up the Enlightenment of China’s anti monopoly law rules and regulations.In the fifth part,I put forward some suggestions on the measures of anti monopoly regulation in foreign capital merger and acquisition.In this paper at first our country antimonopoly law rules and regulations should follow the guiding ideology,followed by aiming at the problems existing in the mentioned in the previous sections of China’s current anti monopoly law regulation,has been outstanding and increased recommendations.The paper proposes that we should improve the anti-monopoly legal system,streamline anti monopoly agency,a clear division of labor,improve the anti-monopoly declaration system,examination system,hearing system of rules,and make necessary to improve the legal responsibility.