The Enterprise Anti-monopoly Law Regulation Of Transnational Mergers And Acquisitions

With the rapid development of the globalization of economy, the openness of national markets continues to improve, enterprises pay more attention to expand the enterprise scale by cross-border m&a spontaneously. Transnational m&a wave is rising and have reshaped the global industrial structure.Considering the two-sides of enterprises transnational mergers and acquisitions, countries introduce foreign capital through the implementation of preferential policies in order to enhance its economic strength, at the same time, it also stepped up to foreign investment regulation, and introduced the related policies and laws to regulate the transnational merger and acquisition, guide the development direction of foreign investment and make it promotes the development of their own industries. However, due to the anti-monopoly law regulation different from country to country, it will produce appropriate friction and conflict when use it, this will requires international unified anti-monopoly law to regulate and guide.This paper main discuss the enterprise transnational merger and acquisition of international anti-monopoly law regulation, aimed to explore the present possibilities of establishing unified international antitrust legislation, and be perfected to the antitrust legislation of our country. The first chapter analyses the basic theory of cross-border m&a, describes the development process of transnational merger and acquisition and it is a challenge to the proposed anti-monopoly law regulation; the second chapter of national enterprises in transnational mergers and acquisitions of anti-monopoly law regulation through the contrast and analysis; the third chapter is about the practice of the contemporary international law to enterprise transnational merger and acquisition analysis, and introduces the anti-monopoly law of bilateral cooperation, regional cooperation and international multilateral cooperation, to explore the possibilities of establishing unified international antitrust legislation, and make an analysis on the current international anti-monopoly cooperation mode; the fourth chapter discusses the present status of anti-monopoly law regulation of the transnational merger and acquisition of the enterprise, related legislative proposals are put forward based on its deficiencies, in order to further improve China’s legal regulating of the transnational merger and acquisition of enterprises.