The Study Of Anti-Monopoly Legal System In Foreign Capital Merger & Acquisition

Since the 1990s, with the acceleration of the process of economic globalization, transnational mergers and acquisitions has become an important means of international direct investment. Along with the deepening of China's opening to the outside world, China has also become a popular area for foreign capital mergers and acquisitions. Foreign capital mergers and acquisitions like a double-edged sword in our country, it brings to our economies of scale, technology, capital and other benefits, but there are also a certain degree of monopolistic tendencies. Such as Foreign capital mergers and acquisitions triggered monopoly not only poses a threat on fair competition in the market, but also undermine our country's national industries, the benign development of their own brands, and even the country's economic security and the security in the industry. At present, most of the world's developed countries, have established their own anti-monopoly law legal system for foreign capital mergers and acquisitions with their national conditions. Our country has also fully awarded of the need for regulation to foreign capital mergers and acquisitions.In 2006, we promulgated the "provisions of foreign capital mergers and acquisitions of domestic enterprises," it dedicates a chapter to the foreign capital mergers and acquisitions in the monopoly issue. The "anti-monopoly law", which is known as the "Economic Constitution" is also will be fully implemented. However, it should be noted that our foreign capital mergers and acquisitions legal system still exist many imperfections, such as the legal system confusion, lack of coordination, lack of specific criteria for mergers and acquisitions, which make the anti-monopoly law difficult to effective implementation; there are still some gaps in the system, and so on.This paper is divided into five chapters, in the first chapter, the author make an introduction of the meaning of foreign capital mergers and acquisitions, and makes an analysis on the Reason of it and the impact of competition. In the second chapter, I make the monopoly status of foreign capital mergers and acquisitions to the empirical analysis, and pointed out that it is significance for our country' anti-monopoly to foreign capital mergers and acquisitions, it is not only benefit to the competition in the market, but also the state's economic security and industrial safety. In the third chapter, the author introduced the legal system of anti-monopoly in western countries, and makes a comparison and analysis, in order to make a reference to improve our anti-monopoly system. The fourth chapter, the author makes an analysis of China's anti-monopoly legislation and law enforcement status, and points out its deficiencies. Chapter 5 is the last chapter of the thesis, and also is the most important chapter. In the chapter, the author makes a comprehensive analysis and thinking of how to build our foreign capital mergers and acquisitions legal system in the framework of "antimonopoly law". Which includes the principles should be adhered to the and legislative mode selection, and I also makes an analysis on how to perfect our foreign capital anti-monopoly' entities systems and procedure systems. With the entity system, the author has been found to constitute a real standard of how to confirm the monopoly of foreign capital, and make a detail analysis on china's Extraterritorial application system and the Exemption system. With the procedure system, the author makes an analysis on declare system, Review system, and the law enforcement agencies. These analysis and thinking are established on full consideration on the national conditions and our existing law systems, and it also references other country's system, which has a certain degree of Theoretical significance and Practical significance.