Foreign Acquisitions Of Chinese Enterprises Antitrust Laws,

Mergers and acquisitions of enterprises have become an important way for multinational investment worldwide. With the integration of world economy and the deepening of China's opening-up, China has been an increasingly ideal place for multinational investment. Especially after China's entry into WTO, a series of legal regulations are issued to encourage the foreign businessmen to invest into China and merge with and acquire Chinese enterprises, the chances of their admission into Chinese market has been improved, merging with and acquiring China's enterprises by foreign capital has become a prevailing phenomenon. Undoubtedly, mergers and acquisitions by foreign capital help develop China's economy; but they cause the monopoly problem in related industries and affect the market order. Presently in some industries there appears a situation that enterprises have been controlled by foreign capital. Therefore, in order to protect China's economic safety, it is necessary to use law for the administration of mergers and acquisitions by foreign capital. This thesis, based on the practices of mergers and acquisitions by foreign capital in China and lessons learnt from other countries' legislation and jurisdiction, puts forward legal suggestions to regulate foreign capital from the perspective of anti-monopoly law.The thesis is divided into four parts:The first part deals with the fundamental theories of mergers and acquisitions by foreign capital, and analyses briefly its connotation, categories and methods of merging with and buying China's enterprises.The second part deals with the connection between merging-acquisition and monopoly, analyses the development of merging and acquisition by foreign capital in China and explains the provoked problem of monopoly.The third part introduces the legislative and judicial controls by the major developed countries on mergers and acquisitions by foreign capital, demonstrates the rules regarding substantive and procedural laws by comparing and contrasting them.The four part analyses the present legislative situation and defects in China's regulation of mergers and acquisitions by foreign capital, puts forward legislative...