The Anti-monopoly Law Shall Be Applicable To The Outside Acquisitions Review Process Of The Research

"Antitrust law" in the west country is called "economic constitution", which is visible in the market economy activity important position. The extraterritorial application of anti-monopoly law system review process research is selected in the system a review of detailed analysis and thinking.Compared to the general system,it can say more subtle point. The author expound Coca Cola with Huiyuan Group cases and discuss in detail the extraterritorial application of anti-monopoly law system of review procedure, and at last reach the theory and practice of the close combination.This paper is mainly divided into the following sections:The preface introduces the extraterritorial application of anti-monopoly law meaning and applicable object. According to the related material,the author summary the extraterritorial application of the characteristics, and lay a good foundation for the review of the program research. The extraterritorial application of anti-monopoly law, refers to when in their territory outside of the foreign enterprises in overseas implementation behavior, to their corresponding market competitive produce substantial effect, to the extent and range, its antitrust law can be applied to the foreign enterprise behavior of state jurisdiction. The scholars debate the extraterritorial application of the object in the process, that the personal and the application of the principle of territoriality are applied.In this paper the author focuses on" foreigners in the outside monopoly to the domestic consequences" such special circumstances, so as to explore the traditional theory on an exception. In the writing process, the author puts forward the constructive system of several features: extraterritorial, universality and difference, for the entire program to understand more deeply.The first part of this article, through the" Coca Cola and Huiyuan Group" of the parties, the acquisition process, the analysis of a case and its impact on overall presentation, which leads to the extraterritorial application of anti-monopoly law review program.Coca Cola Company (Coca-Cola Company) was founded in1892, which headquartered in the United States of America Qiao Yazhou Atlanta. In the Chinese fruit juice market,it possesses the share of9.7%, which achieved18%in Chinese income amplitude in2007. So the Chinese became the United States of America Coca Cola company in the world’s fourth largest sales market. Huiyuan Group in the British" Cayman" register, and its shares listed on the Hongkong stock exchange successfully on February3,2007, and the stock code was1886.HK. In the Chinese fruit juice market Huiyuan occupy10.3%of the shares,which is currently China’s largest juice maker. The acquisition process from September3,2008to March18,2009, which lasted six months.The acquisition process is interspersed with many program problems, and the primary issue is the extraterritorial jurisdiction of the rationality. This acquisition fails, that for the Chinese fruit juice market has significant meaning, for our country in the international investment also have a negative impact on. On this basis, the author will discuss our country the extraterritorial application of anti-monopoly law review program details.The second part, the author have mainly analyzed the extraterritorial application of anti-monopoly law of motivation:International Antitrust treaty, lack of economic and political interests maintenance needs. At the same time in-depth review procedures exist many problems:declaration of material provision roughening, review the diversity of main body, start the process of simplification, relief program delays of diversity, conflict, and for the following research it plays a supplementary role.The third part, the author summarizes the importance of the procedure and principle in the process of the significance in the extraterritorial application of anti-monopoly law. Its main contents can be summarized as helps to improve efficiency, effective containment of corruption, helps to protect the basic human rights.The importance of explanation, the author puts forward in the specific procedures that shalls comply with the principles of fairness:principle, efficiency principle, scientific principle, and combined with the specific case.The fourth part, according to the above mentioned problems, this part focus on the explicit subject to review the centralized, specification but flexible review the material guiding mechanism, establish and improve the examination on the concentration mechanism internal review measures, to establish and perfect the hearing system, establish and improve the international coordinate system five respects.The author puts forward constructive suggestions.The author hopes that these suggestions that will be on the construction of the extraterritorial application of anti-monopoly law system play a positive role.The conclusion part, the author expresses for the extraterritorial application of anti-monopoly law review procedures vision.Through a number of problem are solved, we expect the system to be more perfect, able to guide practice activities which plays a positive role. At the same time, we point out the perfect job is "a long way to go",and we need to continue the efforts.The full paper in accordance with the basic and analysis of the problem, put forward to solve the problem of the train to write,using empirical analysis and comparative analysis methods to think.The author hopes the suggestions will be helpful for the review of the program.