The Coordination Mechanism Between National Security Review And Antitrust Review Of Foreign M&A

In recent years, due to the deepening of economic globalization, transnationalmerger and acquisition tide has swept the world and also influenced the Chinesemarket vastly, some Chinese companies even go abroad to merger the foreigncompanies. Based on the national security review and antitrust system of foreignmergers and acquisitions system as the research objects, adopting the method ofcomparative study, through the comparative study of these two kinds of system,analysis of relations between the two kinds of problems, the author tries to findcoordination mechanism between these two systems in foreign capital merger andacquisition. In this paper, besides introduction and conclusion, it is divided into fourchapters, the main content is as follows:The first chapter is mainly on the definition of basic concepts. First of all, todefine the concept of integration and purchase by foreign capital, according to theroots of the concept of foreign capital M&A and foreign capital merger andacquisition point view of economics, academia, eventually concludes the concept offoreign capital merger and acquisition in law theory, and expounds the presentsituation of foreign capital M&A in our country and the development tendency.Secondly, the concept of national security is defined and analyzed the areas nationalsecurity may involved. At the end of this chapter, through the analysis of foreigncapital M&A and the relationship between national security, and have the influence ofthe foreign capital merger and acquisition to a country’s national security issues. The second chapter focuses on the national security system and the antitrustsystem in the foreign capital merger and acquisition. Among them, the nationalsecurity review system, firstly analyzes the theoretical foundation of the system, andthen expounds the review system of foreign capital more perfect in developedcountries from the examination standard, censorship, review procedures. In addition,about the antitrust review system, firstly the necessity of the antitrust review offoreign mergers and acquisitions is analyzed, and from all aspects to analyze theantitrust review system.The third chapter mainly elaborates our country foreign capital merger reviewsystem present situation and existing problems. Similarly, respectively from thenational security review system and the antitrust review system from two aspects,respectively expounds the two system of the legislative process and present situationin our country, and then respectively analyses the problems of national securityreview system and the antitrust review system in our countryThe fourth chapter is the last chapter of this article, is also part of the mainviewpoints in this paper. The author firstly list the national security review of foreignM&A case correlation with antitrust scrutiny and, in turn, leads to the nationalsecurity review of foreign capital’s M&A and the antitrust review of integration theory,and the convergence theory simply. Secondly, according to the national securityreview and antitrust scrutiny both exist in the foreign capital merger and acquisitionof censorship on the relationship analysis of the two, respectively, had a deep analysisfrom the differences and relations of the two. In the end, the author, on the basis of therelationship between the two systems through the three aspects of censorshipstandards, censorship, review process, tries to seek the mechanism of mutualcoordination and complement each other between the two systems.