美国关于跨国并购的反补贴法律规制及我国的应对措施

US Legal Rules for Regulating Anti- subsidy of Cross-border Mergers and Acquisitions and China's Countermeasures

随着我国"走出去"战略的深度发展,近年来我国企业跨国并购发展迅猛。我国企业跨国并购主要发生地之一的美国已经建立起了跨国并购反补贴法律规制,且深层次上缘于对我国经济发展和跨国并购的目的疑虑,故对我国企业跨国并购实行严苛的审查,拒绝所谓的基于政府补贴的跨国并购。我国应完善跨国并购反补贴法律制度,在拟出台的《外国投资法》和将来签订的自由贸易协定中纳入跨国并购反补贴条款,并完善我国企业跨国并购的补贴和融资政策。

With further developing of China＇ s ＂going out＂ strategy, cross - border mergers and acquisitions of Chinese enterprises have developed rapidly in recent years. Major countries such as the United States where Chinese enterprises＇ transnational mergers mainly occurred, have established their respective legal rules for regulating anti - subsidy of cross - border mergers and acquisitions. Moreover, these countries require cross -border mergers and acquisitions by Chinese enterprises be subject to stringent review and deny the so -called ＂cross -border mergers and acquisitions based on government subsidies＂ because of their doubts to the intents of China＇ s economic development and cross - border mergers and acquisitions. China shall improve its relevant legal systems for transnational mergers and acquisitions, specially to include clause of anti- subsidy of cross -border mergers both into the Chinese Foreign Investment Law （draft） which at the present is under the review process and free trades agreements to be concluded in the future, and to improve subsidy and financing policies related to cross - border mergers of Chinese enterprises.