外资并购环境下中国反垄断法律完善刍议

外资并购是近年来国际经济活动中的一个重要现象和经济合作形式,它会对一个主权国家的经济安全产生重大影响。国家的反垄断法律能有效规制外资并购的良性运行。我国目前的反垄断法律尚不完善,表现为外资并购反垄断法律体系、反垄断实体法及反垄断程序法等尚存缺陷。加快反垄断法律监管体系建设,是有效引导外资在华并购的基本手段,其重心在于完善反垄断实体法与反垄断程序法等,以提高外资并购的经济效率。

Improvement of Anti-monopoly Law in China in the Context of Integration and Purchase by Foreign Capital

Integration and purchase by foreign capital is an important phenomenon and form of economic corporation in international economic activities, and it will produce significant impact on a sovereign state. The national anti-monopoly law may effectively regulate the positive operation of integration and purchase by foreign capital. At present, the anti -monopoly law in China is not perfect yet; the anti-monopoly law system, anti-monopoly substantive law and anti-monopoly procedural law have not been improved. Therefore, it is necessary to quicken the steps of constructing the monitoring systems of integration and purchase by foreign capital, with the major focus on perfecting the anti-monopoly substantive law and anti-monopoly procedural law, which can help increase the economic efficiency of integration and purchase by foreign capital.