对我国外资并购的反垄断法思考——以美国可口可乐收购我国汇源为例

Thinking Over the Anti-Monopoly Law on China’s Foreign Investors’ Merger and Acquisition——Taking Coca-Cola from America acquired Huiyuan in China as an example

外资并购一方面给我国带来先进技术和管理经验以促进经济的发展,另一方面也造成我国部分民族品牌消失而对民族经济发展形成冲击。外资并购对我国市场影响具有双重性,我国反垄断法立法不健全和实践经验缺乏导致了目前对相关市场界定的困境。在面对外资时,需要我们以我国现行法律为依据,从法学的专业视角来审视外资并购,不能仅仅靠自己的主观臆断或盲从舆论就认为外资的进入一定会危害我国的经济安全。

Foreign Investors＇ Merger and Acquisition, on one hand, brought advanced technology and management experience to China, which was a promotion to China＇s economy; on the other hand, it also resulted in the loss of some national brands in China, which had a certain impact on the development of China＇s national economy. Foreign Investors＇Merger and Acquisition has double affects on china＇s market. China＇s Anti-monopoly legislation is ineffective and lack of practical experience which led to the current plight. It needs us to take China＇s current law as the base and think over Foreign Investors＇ Merger and Acquisition from the view of law, not only on our own subjective opinion or blindly believe that entry of foreign investors＇ merger and acquisition will endanger China＇ s economic security