Law Analysis about Monopolistic Sino-American Multinational Enterprises

DOI

10.2991/978-94-6463-036-7_147How to use a DOI?

Keywords

Antitrust Law; MNEs; Sino-American trade

ABSTRACT

As globalization proceeds, there is a trend that Multinational Enterprises (MNEs) are increasingly expanding to the international market. MNEs can gain monopoly powers because local enterprises have less competitive advantages and lack antitrust solutions. The U.S. was a pioneer in the legal regulation of monopolistic MNEs while China did not own its anti-trust law until 2008. Introducing the relationship between the global economy and the monopoly MNEs, this essay highlights the necessity of anti-monopoly regulation and jurisprudence by analyzing the status quo with economic principles and cases like Coca-Cola's failed Acquisition of Huiyuan. Afterward, the reasons for problems in the Chinese anti-monopoly system is examined. With case studies and comparison, the authors analysed anti-trust policy, mechanisms and their functions, and regulatory models and bodies in both China and the U.S. After comparison, this paper put forward three feasible solutions for the advancement of anti-trust in China including the reform of enforcement agencies, the shift of anti-trust policy and the establishment of an international anti-trust arbitration. The Chinese anti-trust law still has a long way to go in terms of ensuring the protection of consumers’ welfare and fair competition while catering to the trends of globalization. The authors hope that China's anti-monopoly reform will also provide a comparative reference solution for other developing countries. The authors also hope that inter-state antitrust cooperation will serve as a bridge and positive lubricant for diplomatic relations and globalization among countries.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sansan Jiang
AU  - Hanyi Ying
AU  - Xiaoya Yuan
PY  - 2022
DA  - 2022/12/31
TI  - Law Analysis about Monopolistic Sino-American Multinational Enterprises
BT  - Proceedings of the 2022 2nd International Conference on Economic Development and Business Culture (ICEDBC 2022)
PB  - Atlantis Press
SP  - 1003
EP  - 1010
SN  - 2352-5428
UR  - https://doi.org/10.2991/978-94-6463-036-7_147
DO  - 10.2991/978-94-6463-036-7_147
ID  - Jiang2022
ER  -