Studies On Anti-monopoly Review Of Foreign M&A

With the rapid development of economic globalization, the proportion of transnational investment activity in the world economy grows faster, however, foreign mergers and acquisitions(M&A) not only provide funds, advanced technology and management experiences to the host country, but also bring some negative effects which is increasingly serious. The purpose of anti-monopoly review is to refrain the economic security from the negative effects, public interests and national brand of the host country that generates from the foreign M&A. On the perspective of substantial standard of review, through introduction of its conception, basic theory, defining factors and the provisions of Europe and the United States, the author of this article try her best to research legal problems of anti-monopoly review, in order to improve regulation of the anti-monopoly review of foreign M&A. There are five parts of this paper:The first part is the introduction of the anti-monopoly review of foreign M&A. In this part, the author firstly introduced the conception of foreign M&A, then explained the procedural and substantial standard of the anti-monopoly review of foreign M&A. The author of this work considered that the function of anti-monopoly review of foreign M&A is different from the same of national anti-monopoly review, because it is more important for the former to protect industrial safety and national brand.In the second part, through two perspectives of Economics and Law, the author illuminated the basic theory of the anti-monopoly review of foreign M&A. For one thing, "State intervention" theory is the foundation of national macro-control, which offered the rationality of national anti-monopoly review. For another, "National Economic Sovereignty" theory provided rationality of the anti-monopoly review of foreign M&A.The author firstly introduced principles which apply to anti-monopoly review of foreign M&A, then demonstrated relevant defining factors of anti-monopoly review in the third part. The author considered that under such principles, one should understand defining factors and exceptions first, and then he could grasp the essence of substantial standard.In the third section, the author focus on analyzing the differences of substantial standard and relevant defining factors of anti-monopoly review of foreign M&A between Europe and the United States, then draw on the trend of substantial standard, which she hoped to help the improvement of such standard in our country.In the last part, through the perspectives of Anti-monopoly Law of our country, the author analysed the case that coco-cola who want to acquired Hui Yuan Corporation that had been forbidden, then put forward some problems of Anti-monopoly Law and try to offer some suggests to improve it.