美国外资并购规制及其借鉴

美国对外资并购主要实行国民待遇原则，但在反托拉斯法上，为避免过度管辖，对外资并购申报规定了四种豁免；在国家安全法上，要求外资并购接受CFIUS的安全检查；在产业政策上，要求接受双重审查，我国对外资并购进行干预具有国际法依据，但应坚持国民待遇原则，做法监管和对等原则，合营企业应纳入并购规制范围，并对国家产业政策法，国家安全法进行完善。

Foreign Capital M&A Regulation and its Enlightments in US

Foreign capital mergers and acquisitions enjoy civil treatment in the US, Under the Antitrust Act and National Security Act, four exemptions are stipulated to avoid oversupervision and foreign capital mergers and acquisitions are subject to CFIUS security, test. However, in line with Industrial Policies Act, they have to go through duplicated tests in both countries. Intervention in foreign capital mergers and acquisitions is an international practice. However, they are entitled to civil treatment and subject to regulation under applicable laws. Joint ventures in China should be taken into the framework of mergers and acquisition, The Industrial Policy Act and National Security Act should be optimized.