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企业合并作为经营者追求利润最大化的重要手段之一,对经济的发展具有积极促进与消极妨碍双重作用。作为一种迅捷的经济集中方式,其在发挥积极作用的同时也有妨害竞争等弊端,为了趋利避害,充分发挥其积极作用,必然需要各国反垄断法对其进行规制,而跨国企业合并的特殊性又决定了各国反垄断法“各自为政”不能解决相关问题的尴尬局面。本文将从跨国企业合并的动因、表现形式出发,深入研究其对国际市场竞争的不同影响,最后对国际上针对其特点倡导的规制方法作简要归纳。
As one of the most important means to maximize profits, the business merger has dual roles of positive promotion and negative hindrance to economic development. As a kind of swift and economical way of concentration, it plays a positive role as well as other disadvantages that prejudice competition. In order to profit and avoid disadvantages and give full play to its positive role, it is bound to require the antitrust laws of various countries to regulate them, while multinational corporations merge The particularity also determines the embarrassing situation that each country’s antitrust law “acting independently ” can not solve related issues. Based on the motivation and form of MNE mergers, this article will study in depth its different impacts on the competition in the international market, and conclude with a brief summary of the regulatory methods advocated by the international community.