Legal Remedies for Government Intervention in Cross-border M&A: A Comparative Research Between China and the United States

Jingjing Wu

doi:10.54254/2753-7048/15/20231019

Research Article

Open access

Published on 26 October 2023

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Legal Remedies for Government Intervention in Cross-border M&A: A Comparative Research Between China and the United States

Jingjing Wu *^,1,

¹ HaiNan University

* Author to whom correspondence should be addressed.

https://doi.org/10.54254/2753-7048/15/20231019

Abstract

The role of the government in cross-border M&A, as well as the intervention means and authority it adopts, have always been the focus of controversy in the practical and theoretical circles. Based on the perspective of comparative research between China and the United States, this paper, and then first analyzes the national security review systems of different countries analyzes the remedies when the government’s intervention in cross-border mergers and acquisitions causes damage to private enterprises. At the same time, this paper will also analyze the existing system of government intervention in cross-border mergers and acquisitions of different countries and discuss the development trend of state intervention system in the new era based on the analysis of the TikTok case. Finally, this paper will ultimately propose suggestions for improving China’s existing national security review system and further propose suggestions for improving the existing relief system based on the analysis of existing remedies. Suggestions for improving China’s national security review system mainly include the formation of laws with a higher level of effectiveness, the improvement of supervision mechanisms, and the provision of remedial rights for private enterprises. The suggestions on the improvement of the remedy system mainly focus on the improvement of the host country, mainly including the power of judicial review granted to domestic judicial institutions and the improvement of the system of prior consultation agreements.

Keywords

national security reviews, legal remedies, cross-border mergers and acquisitions, government

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References

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Cite this article

Wu,J. (2023). Legal Remedies for Government Intervention in Cross-border M&A: A Comparative Research Between China and the United States. Lecture Notes in Education Psychology and Public Media,15,14-20.

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About volume

Volume title: Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries

Conference website: https://www.iceipi.org/

ISBN：978-1-83558-055-4(Print) / 978-1-83558-056-1(Online)

Conference date: 7 August 2023

Editor：Enrique Mallen, Javier Cifuentes-Faura

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.15

ISSN：2753-7048(Print) / 2753-7056(Online)

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