Regulation Of Antitrust Law Of Transnational Merger And Acquisition

Since the 1990s, Transnational Merger and Acquisition (M&A) hasbecome a world trend and a major means of direct invest for enterprises.China is one of the world's largest countries in importing foreign capital,while M&A has brought to our country many negative influences, whichin turn result in a lot of problems of monopoly.Western developed countries, especially American, Germany, Japan,etc, have accumulated a lot of experience in standardizing TransnationalM&A. The specific regulations on M&A in the Antitrust law of thesecountries consist of four aspects: the regulation of application in advancein procedure; corresponding substantial standards; the redemption forprotecting some special M&A; the regulation of the usability of theAntitrust law overseas. Although our country has not established theAntitrust law, to say nothing of the effective management of foreignenterprises'annexation of our state enterprises. "Regulation on ForeignInvestors'annexation of National Enterprises", which has been carriedout since September, 2006, basically has adopted the above-mentionedmode.Transnational M&A will cause conflict in terms of antitrust lawbetween two or more countries, which can be solved in three ways: to useAntitrust law overseas; to establish bilateral treaties between countriesand to stipulate international standardized Antitrust law. This isinternational Antitrust law's regulation on M&A, which, together withdomestic antitrust law, forms the two major parts of Antitrust law whichregulates the Transnational M&A of enterprises.