外资并购中反垄断审查制度研究——以《反垄断法》和现行审查制度为视角

Research on Anti-monopoly Review System of Foreign M & A

外资并购是外商直接投资的重要方式。由于外资并购可能导致垄断的产生,影响东道国的市场竞争秩序和经济安全,东道国有必要对外资并购进行政府管制。强制性预先申报的反垄断审查制度是对外资并购行为进行规制的重要手段。《反垄断法》对于经营者集中的规定和现行审查制度之间存在着诸多不同之处,解决二者的冲突是有效实施外资并购中反垄断审查制度的关键。从我国的现状来看,对内外资并购进行分别审查更能够发挥外资并购中反垄断审查的作用。

Foreign M ＆ A is an important way of direct foreign investment. Government regulation on foreign mergers and acquisitions is needed because monopoly may come after foreign M ＆ A and the competition order and economic security of the host country market may also be disturbed. Mandatory pre-declared anti-monopoly review system is an important tool to regulate foreign M ＆ A. China has established anti-monopoly review system since 2003. There are many differences between ＂AML＂ provisions of the concentration of business operators and the existing review system. To resolve the conflict between the two is the key to the effective implementation of foreign capital the anti-monopoly review system. Considering the current situation in China, we need to review internal and foreign mergers and acquisitions respectively in order to effectively implement antitrust review.