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近年来,外资并购国内企业逐渐成为我国外商投资的重要方式,这种投资方式在加速引进外资、提升外资质量的同时也产生一些负面的影响,例如:外商并购的产业限制问题、股权并购的控股问题、资产并购的评估问题、因外商并购导致垄断问题,企业并购时对于劳动者权利保护问题,以及如何保护债权人合法权益问题等。其中,由于外商并购我国境内企业可能导致垄断,甚至有可能会危及到我国的产业和经济的安全是作者极其关注的问题。限于论文的需要与篇幅,文章仅就对当前我国外资并购中存在的垄断问题和我国反垄断法的规制现状进行分析,并在此基础上,就进一步完善外资并购我国境内企业的反垄断法律规制,提出自己的观点与建议。
In recent years, the merger and acquisition of domestic enterprises by foreign investors has gradually become an important way for foreign investment in our country. Such investment has some negative effects on accelerating the introduction of foreign investment and improving the quality of foreign investment. For example, the industrial restrictions on foreign mergers and acquisitions, the holding of equity mergers and acquisitions Problems, the evaluation of assets mergers and acquisitions, the monopoly caused by foreign mergers and acquisitions, the protection of workers’ rights when mergers and acquisitions, and how to protect the legitimate rights and interests of creditors. Among them, it is an issue of great concern to the author that foreign investors may take the monopoly because of their mergers and acquisitions, and may even endanger the safety of industries and economy in our country. Due to the necessity and length of the dissertation, the article only analyzes the current monopoly in foreign capital mergers and acquisitions in China and the status quo of China’s antitrust law, and on this basis, it further improves the antitrust laws and regulations of foreign capital mergers and acquisitions in China , Put forward their own views and suggestions.