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If the supor acquisition in japan by na b
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If the supor acquisition in japan |
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Business,Business News,Business Opportunities
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If the Supor acquisition occurred in Japan [view]
?? From the perspective of anti-monopoly review
Supor acquisition has been submitted to the Ministry of Commerce and the SAIC to antitrust review, as the antitrust review of "foreign investor enterprises in China provides that" implementation of the first application of the case, so that the review The results of the benchmarking role of self-evident. So the anti-trust review process to go through what kind? The most likely outcome of the review is it? After 1998, the Ministry of Commerce and China's State Administration for Industry and Japan began to national institutions responsible for implementing anti-monopoly law??? Fair Trade Commission to establish cooperative relations, learn from each other in the anti-trust law exchanges of experiences and lessons of implementation. Fundamentally, if the removal of political and other non economic factors, among antitrust review are aimed at protecting and promoting fair competition, this applies to developed countries, but also applicable in developing countries because of this, Government antitrust review all the procedures and standards based on the convergence trend.
So, if Supor acquisition in Japan, what would the anti-monopoly review procedures and the most likely result? From the conclusion, if the Supor acquisition in Japan, it is through the acquisition, holding stock acquisition activities occurring levels, will be the economic transactions of the Fair Trade Commission Bureau of lessons for business combination trial, the review of the principles of legal or whether the M & A market, in essence limiting competition.
Japan Fair Trade Commission under the "anti-monopoly law" was the only anti-monopoly law in 1947 setting the administrative law enforcement agencies in the executive relations, the committee under the Cabinet Office in Japan, but in the business, "Anti- Monopoly Law "Article 28 does not accept any authority authorized by its guidance, independent. January 4, 2006, after the amendments introduced "anti-monopoly law," also authorized the Fair Trade Commission in the implementation of the relevant provisions of the Act, it may not be universally binding on the executive of "administrative procedure law," and "administration refuses to accept Review of Law "limits.
Japan antitrust merger review process In law, mergers and acquisitions, and other enterprises in Japan combined with the class of enterprise anti-monopoly review of the Fair Trade Commission report related to the acquisition of acts. "Antitrust Law" provides five forms of business combination, that natural or legal persons to buy, hold shares of another company; serve as directors of the company; merger; business division; purchase the right business. Supor acquisition is the first form, in this case, under the "anti-monopoly law" requirement, the relevant anti-monopoly review of corporate reporting requirements: the acquiring company's net assets more than 2 billion yen (about combined RMB 140 million); the acquiring company's total assets over 10 billion yen (about 700 million yuan); total assets of the acquired enterprise is more than 1 billion yen (about 070 million yuan), at the same time meet the above three conditions in mind, if the acquiring acquired 10%, 25%, 50% of the shares must be within 30 days report to the Fair Trade Commission.
But in practice, the antitrust review of cases increased from corporate mergers and acquisitions advice to the Fair Trade Commission or the legality of acts started. It must be emphasized that, regardless of whether the implementation of M & A antitrust enterprise reporting conditions, as long as the Fair Trade Commission deems it necessary, it has the right to conduct any review and publish their own views when necessary.
Fair Trade Commission if the business disagree with the advice, insist on implementation of the merger plan, then the antitrust review in the first stage of consultation into the administrative review stage. First of all, the Fair Trade Commission will send a written notice enterprise that its takeover possible illegality; enterprise have the right to collect within 30 days of receipt of the notification of relevant information, to draw fair and Exchange Commission for administrative review; which enterprises will be provided in accordance further review the information and make decisions; if the business is still the ruling of the Fair Trade Commission dissenting, the antitrust review from the administrative review phase to the quasi-judicial trial stage, but the judge remained independent within the Fair Trade Commission Trial members, similar to the "plaintiff" and "defendant", respectively, and the Fair Trade Commission for the enterprise business combination of censors; if companies are still not satisfied on the outcome of the trial, antitrust review of the final stage of legal proceedings, judicial cases and other difference is that antitrust cases involving the right of first instance is the Tokyo High Court's special tribunal. I am China Auto Suppliers writer, reports some information about rechargeable 9 volt , sla batteries.
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