A study on national security and abuse of dominant market position from mergers and acquisitions by foreign investors--focus on the antimonopoly law of the People's Republic of China

• Main Authors: Lin,Wei Chen, 林韋丞
• Other Authors: Wang, Wen Chieh
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/x6p87u

碩士 === 國立政治大學 === 法律科際整合研究所 === 101 === Since 2001 China has became one of the members of WTO, foreign investors used mergers and acquisitions as business strategy to dominate position in some specific markets in China, which caused China government adopted the first “Antimonopoly Law” on August 30, 2007 and it went into effect on August 1, 2008. China’s antimonopoly law also called“Economic Constitution”aims to establish the new economic order; however, compared with the western developed countries which has developed a great legal system, its substance has aroused suspicion and criticism. This paper seeks to provide an assessment for China’s “Antimonopoly Law” from the analysis of the soul of antitrust theory to discuss the structure of China’s “Antimonopoly Law” including the drafting stage, application of the law, lack of substantive enforcement authority and the issue of administrative monopoly. Then, this paper aims to solve the problem of the provisions of thresholds for concentration of foreign investors. After the basic discussion the issue above, this paper tries to discuss the core issue –national security and abuses of dominant market position—by providing statistics and analyzing real cases to draft conclusion for the foreign investors to follow when seeking to undertake mergers and acquisitions in China.