| The dissertation is on "Foreign Investor's Merge and Acquisition Regulated by Antimonopoly Law".With the development of Chinese market economy and the acceleration of reform and opening after entering WTO, foreign investor's merging and acquiring Chinese enterprises becomes more and more popular as the major foreign direct investment. It is no doubt that foreign investor's merge and acquisition plays an important role in Chinese economy. However, it involves several problems too. In the view of the whole market order and the competing environment, it brings about the problem about antimonopoly law. This dissertation focuses study on foreign investor's merge and acquisition regulated by antimonopoly law, including comprehension of the definition of the foreign investor's merge and acquisition, the necessity of regulation on current Chinese foreign investor's merge and acquisition, the guiding principle and concrete institution about it.The dissertation contains five chapters. Chapter one is about the definition of the foreign investor's merge and acquisition and its operating model. It gives the theory about the concept of the "foreign investor" and "merge and acquisition", and reviews the transitional operating model of foreign investor's merge and acquisition as the background of the policy is ever changing.Chapter two clarifies the necessity of regulation on current Chinese foreign investor's merge and acquisition by antimonopoly law. This chapter is divided into three sections: section 1 is about the discussion on whether it is necessary to regulate on foreign investor's merge and acquisition by antimonopoly law in the field of theory; section 2 sums up its negative influence on market competition; and section 3 analyzes the inherent essence of antimonopoly law and draws a conclusion that it accords with the necessity of legislation. So it is completely necessary to regulate foreign investor's merge and acquisition by antimonopoly law.Chapter three demonstrates the guiding principle of regulation. A special discussion is given because it is important to grasp the guiding principle under the comprehensive consideration of developing economies of scale and avoiding the disadvantages of foreign investor's merge and acquisition. The chapter starts at the character of flexibility of antimonopoly policy, makes a conclusion that China should adopt the guiding principle of Mainly Lenience, Secondary Stern. Chapter four is about introduction of the substantive institutions and considerations of related institutions of China. It consists of three sections. Section 1 is introduction of the experience of the developed countries' substantive law. Section 2 is that of the developing countries substantive law. And section 3 is consideration on regulations in substantive rules in our future antimonopoly law.Chapter five is about introduction of the procedural institutions and considerations of related institutions of China. This chapter is divided into two parts. Part 1 is introduction of the experience of the developed countries' procedural law. Part 2 is consideration on regulations in procedural rules in our future antimonopoly law.The last is the concluding remarks. On the basis of the whole dissertation, a conclusion, which says that China need regulations on foreign investor's merge and acquisition in future antimonopoly law, can be drawn after the rational rethinking and analysis. |
