Research On Anti - Monopoly Examination System Of Foreign Capital M & A

The foreign M&A has been highly developed since China joined WTO in2001, which was proved by the frequently occurred cases. However, every coin has two sides. The new enterprises formed by the foreign M&A will stimulate the domestic economy, on the other hand, it will cause a potential monopoly which affects the market competition. So we should take advantage of it, meanwhile, establish the anti-monopoly legislation to standard this action. This paper is to sort the domestic anti-monopoly legislation relates to the foreign M&A, also to learn lessons from other countries’experience, in order to perfect and refine the domestic anti-monopoly law.There are5Chapters in this paper, contents are as follow:Chapters1, illustrates foreign M&A and anti-monopoly, elaborates characteristics of domestic foreign M&A. Stresses the relationship of the anti-monopoly legislations to control it, and lists the theoretical supports.Chapters2, introduces the development process of anti-monopoly legislation related to foreign M&A in our country, and carding the domestic anti-monopoly legislation relates to the foreign M&A.Chapters3, analyses the entity content of domestic current anti-monopoly review system related to foreign M&A, including review standard, concentration of the exemption, the extraterritorial application of anti-monopoly law and the conditional approval of concentration.Chapters4, analyses the procedure content of domestic current anti-monopoly review system related to foreign M&A, including review process, law enforcement agencies and declare and hearing system.Chapters5, introduces the domestic legal practice of anti-monopoly review system related to foreign M&A. Sorts out the framework of domestic M&A anti-monopoly legislation, set the case of Coca Cola&Huiyan M&A as an example.