|
巴彦淖尔翻译公司关键字：More and more people have been aware of the threat of foreign investors in the formation of the negative impact of the industry. National Development and Reform Commission researcher sorghum the end of December 2005, "Lianhe Zaobao" the author said, "should reflect over an open question", to develop countermeasures to the fragile domestic industries to breathing space.Foreign laws and how to regulate foreign mergers and acquisitionsNot only in China, the whole world to carry out cross-border mergers and acquisitions in full swing, which makes the world are extremely concerned about the regulatory agencies, countries have developed laws to constrain their misconduct.United States and other Western countries has been an important industry, cross-border M & A strict control, including the development of a sound legal requirements and rigorous review process, the implementation of active and effective administrative and legal intervention. Can be said that the U.S. is the world's first regulation on foreign mergers and acquisitions of state.U.S. M & A regulatory system is mainly composed by the laws of two parts: First, Congress regulate mergers and acquisitions law, the second is government regulation of conduct mergers and acquisitions. The United States in the 1930s formulated the "Antitrust Law", also set up the Foreign Investment Committee, an important industry for the evaluation and review of cross-border mergers and acquisitions. From our Lenovo Group's acquisition of IBM's PC business by the CFIUS review, and CNOOC's takeover of U.S. oil company Unocal, Haier's acquisition of Maytag Corporation, the U.S. government intervention are examples of the failure can be seen, has been actively promoting economic globalization and free trade, the United States, the acquisition of key industries and monopolies have also implemented a rigorous review and restrictions to protect domestic industries and the establishment of the restrictive measures, to create difficulties for multinational companies to its acquisition.In Germany, the "Company Law" cross-border acquisitions, when a person acquired a German company for more than 25% or 50% of the shares or voting rights must notify the Federal Cartel Office; when arising from the acquisition and market dominant position, this acquisition will is prohibited.In Canada, at present, any more than $ 200 million merger agreement will be subject to Canadian government approval to take effect.
|