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外资并购作为国际直接投资的主要方式,一方面推动了我国经济的发展,另一方面也带来了垄断问题。根据国家主权原则,一国有权对发生在境内外的并购行为进行反垄断规制,而在反垄断规制中,应该遵循国民待遇原则和维护国家利益原则。本文从我国实际出发,提出了我国现行对外资并购的反垄断规定中所存在的不足及完善建议。
Foreign direct investment (M & A), as the main mode of international direct investment, has promoted the economic development of our country on the one hand and monopolized the other. According to the principle of state sovereignty, a country has the right to conduct antitrust regulation on mergers and acquisitions that take place both at home and abroad. However, in antitrust regulation, the principle of national treatment and the principle of safeguarding state interests should be followed. Based on the reality of our country, this paper puts forward the existing problems and countermeasures in anti-monopoly regulation of foreign capital mergers and acquisitions in our country.