Central European Antitrust Law Regulation Comparison Research Under The Vision Of Enterprise M&a

Mergers and acquisitions is the first choice of a rapid expansion which enterprise developing to a certain level will implement. It not only overcame the gradual development limited, but also provided enough space for the development by leaps and bounds of an enterprise. The western industrial development history could be regarded as the history of mergers and acquisitions. China’s mergers and acquisitions began in the1980s, which growing up after China joining into the World Trade Organization, and now, it has become a common economic phenomenon.As the anti-monopoly laws which issued in2008and a series of relevant regulations implementing, anti-monopoly regulation system on mergers and acquisitions with general applicability has formally formed. And there has been more than80governments which issued and implemented relevant laws and regulations since Sherman Act which was the first laws of antitrust regulation on mergers and acquisitions appeared in1890. The European Union had a typical research significance, because the European Union worked out the anti-monopoly law which appropriate for the community on the basis of comprehensive consideration of27member states’ relevant legislation.This article made a particular analysis on the differences of anti-monopoly regulation on mergers and acquisitions’background between China and European Union. By means of the analysis of articles of law, it discussed the similarities and differences of mergers and acquisitions’declare standard, essence appraisal standard and remedy measure system. And it summarized the dilemmas which China’s present anti-monopoly regulation on mergers and acquisitions faced with. This article gives four suggestions for China’s anti-monopoly regulation on mergers and acquisitions to make our country establish related regulations in more perfect:first, China need to establish a minimum limit standard to rule and limit the anti-monopoly enforcement authority’s discretion; Second, we can announce the results of the review and analysis process to enhance regulatory transparency; Third, we construct efficiency defense system with three elements which were that the efficiency is beneficial to consumers, it is produced from mergers and acquisitions and it must be confirmed; At last, we must accelerate the research of theory and practice about behavioral relief, perfect remedy measures of mergers and acquisitions, find a regulation methods which complied with the requirements of China present economic and society’s development. And then we try to find a balance point in aggravate tensions between fair competition and public interests of the society.