关于外资并购中的垄断倾向与法制建设的完善

The Trend of Monopoly in Merging with Foreign Companies And the Improvement on Related Legal System

随着外商在华直接投资规模迅速扩大,外资并购我国企业中形成的垄断倾向日益突出,加强我国的反垄断法制管理迫在眉睫。借鉴国外反垄断立法和执法的实践经验,紧密结合本国现实国情和特点,切实处理好反垄断法律规制中的几个关系。通过完善反垄断法制管理体系,有效维护和造就公平竞争的市场环境,充分发挥外资并购的正面效应,限制和消除其负面效应,以便促进经济资源合理配置,进一步提高我国利用外资的质量和效益。

The foreign direct investment in China is expanding rapidly. The trend of monopoly is becoming obvious when so many Chinese companies are merging with foreign ones. It is urgent to strengthen the legal system on anti-monopoly. We should learn from the practical experiences of foreign countries on how to legislate and enforce the law on anti-monopoly, and combine it with the actual situation and features of our country. It needs to deal with several relationships in the legal system related to anti-onoploy. By improving the legal system of anti-monoploy, we can create and maintain a fair market environment, strengthen the positive effects of the mergers with foreign companies, and also restrain and eliminate the negative effects. Therefore, we can promote the reasonable distribution of economic resources and improve the quality and efficiency in using the foreign investment.