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美国的并购指南以并购不得产生市场权力为中心,从市场集中度、严重损害竞争后果、市场进入、效率等四方面进行分析,以决定政府是否干预并购;欧盟的控制并购条例将并购是否与欧盟维持和发展竞争政策相协调为焦点进行分析,以决定是否批准并购。美、欧并购法律规则的共同特点都是以促进竞争维护公平的市场秩序为目标,相比之下,我国并购立法离此目标差距甚远,美、欧并购法律规则对我国完善并购立法带来了一些启示。
Mergers and acquisitions guide the United States to mergers and acquisitions can not generate market power as the center, from the market concentration, serious damage to the consequences of competition, market access, efficiency and other four aspects of analysis to determine whether the government intervenes in mergers and acquisitions; EU mergers and acquisitions regulations mergers and acquisitions whether the EU Maintaining and developing competition policy is the focus of analysis to determine whether to approve mergers and acquisitions. The common features of the legal rules of the United States and the European M & A are all aimed at promoting competition and maintaining a fair market order. By comparison, the M & A legislation in our country lags far behind this goal. The legal rules of mergers and acquisitions brought by the United States and Europe bring about the improvement of our country’s M & A legislation Some inspiration.