Study On Monopoly Regulation Of Foreign Investment Mergers And Acquisitions

Since the 1980s, a wave of foreign investment mergers and acquisitions had a profound influence on the development of world economy. In order to place in the tide of world economic development, enterprises from different countries had launched the pace of foreign investment mergers and acquisitions. After China joined in the WTO, with more and more mature in the market economy system, the amazing increase of GDP and gradually perfect legal system, making our country become the first target of foreign investment mergers and acquisitions. Along with the large-scale development of the foreign investment mergers and acquisitions, how to use foreign capital reasonably to improve the market competitiveness in the domestic market; protect national economic security and the foreign investment mergers and acquisitions form of monopoly regulation in the process of economic development must be solved in China.Monopoly problem of foreign investment mergers and acquisitions is a very popular topic in the study of the world economy, involving the legal and economic issues. Now academic about the research of the subject is mostly use only carries on the analysis from the perspective of a single law or economics, and there are few articles to integrated use of knowledge in law and economics system is limited for the monopoly issues. Therefore, at present our country has disadvantage about the study of the theory of the monopoly regulation of foreign investment mergers and acquisitions, and the acquisition is still getting a lot of deficiencies. As a developing country with economy in transition period, there are significant differences in the operation of social economy from other countries. Therefore, in the process of legislation and judicature China can not copy foreign practice, during the regulation, China should be based on the national conditions to selectively reference the advanced experience of developed countries like Europe and America. This is an article that studying of foreign investment mergers and acquisitions, and the integrated use of the case analysis method, comparative analysis and other research methods.The article includes five parts. The first chapter introduces the research background, significance, ideas and methods; The second chapter firstly introduces the related concepts of foreign investment mergers and acquisitions, secondly analyzes the reason of monopoly in the foreign investment mergers and acquisitions and monopoly that can cause negative effects, pointing out the monopoly which affects the social welfare, and prone to conspiracy to disrupt the market fair competition in businesses. Finally this chapter introduces the relevant economic theory of foreign investment mergers and acquisitions, main analysis the different points of view between Harvard school and Chicago school and the impact of m&a legislation in the United States; The third chapter introduces the present situation of foreign investment mergers and acquisitions and monopoly regulation. This chapter firstly analyzes the development present situation and development trend of foreign investment mergers and acquisitions in recent years. This paper expounds the positive effects and negative effects of foreign investment mergers and acquisitions in industry development in our country. Then through the simple introduction of the typical case of foreign investment mergers and acquisitions in recent years and the ministry of commerce review decision to analysis the status of foreign investment mergers and acquisitions monopoly regulation at present in China. Finally this chapter use the relevant market definition, national security review, the cognizance of concentration and government regulation failure to analysis the monopoly regulation of foreign investment mergers and acquisitions. Chapter IV uses economics theory analysis attach restrictive conditions to the ministry of commerce approved the "wal-mart stores" combine with N0.1 shop, demonstrates the problems in monopoly regulation of foreign investment mergers and acquisitions in China. The fifth chapter mainly uses the angle of legal regulation, according to the above mentioned problems existing in monopoly regulation of foreign investment mergers and acquisitions, put forward the suggestions from the relevant market definition, the national security review, the cognizance of concentration and government regulation failure.