| Since 1990s, cross-border Merger and Acquisition( here in after cross-border M&A) have substituted for green field investment, and caused a hot discussion in the field of international investment. With China's entering into WTO and the opening of its market, China has become the hotspot of international investment. However, foreign capital M&A have both advantages and disadvantages: on one hand, to promote scale economy of the enterprises and strengthen the market competitiveness; on the other hand, to take on a trend to monopoly spontaneously and inevitably, which will injure the public interests. Based on the reference of the legislative experience of the developed countries, China has enacted the Anti-Monopoly Law in 2008-8-30. This thesis is a brief analyze and discussion of the issue of Anti-Monopoly regulation of foreign capital merger and acquisition.The thesis mainly consists of four parts:In the first part I make a brief introduction of cross-border mergers and acquisitions. I also explain the reasons and urgencies to put mergers and acquisitions subject to the anti-monopoly control.The second part mainly introduces the substantial and procedural regulations on mergers and acquisitions stipulated by foreign countries and regions, and analyze the common grounds of the above said regulations.In the third part, since the Anti-Monopoly Law has been legislated in 2007,I introduce the current situations of the control of cross-border mergers and acquisitions in China. For example: the application standard, term for approval and also the establishment of the governing authority.In the forth part, I put forward my suggestions and opinions in regard with the consummation and development of the cross-border mergers and acquisitions. |
