Law Analysis about Monopolistic Sino-American Multinational Enterprises

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.