Study On The "Negative Balance" In The U.S.A Antitrust International Enforcement

American founded the whole characteristic model of the internationalenforcement of antitrust law. Through the analysis of the framework, whichincluding international enforcement threshold and enforcement cooperation,this article come to a view that "negative balance" impenetrate the wholemechanism. In detail, the regulations of international enforcement threshold haveamending the overage expanding of the jurisdiction. It gets "negativebalance" through the accepting of "international comity", the developingof "jurisdictional rule of reason" and "balancing-test approach", andthe regarding of the effect of participation of the government. Ininternational cooperation aspect, "selective cooperation" and the"negative comity" in the treaty both express the "negative balance". The "negative balance" is coming into being under the influence of theharmony of the conflict of interest of each country, the restriction of theinternational law, the accepting of the domestic legislation tradition andthe essence of the antitrust law. The "negative balance" in Americanantitrust international enforcement is also influenced with American policyand all kinds of economics theory. The main realistic reason of the "negative balance" belongs to thetending of assimilation and its conflicting with the individuality. Moreoverit belongs to the realistic requirement of enforcement internationalization. The essential seizing of benefits behind the cooperation and exclusionof the nations becomes the inherent pressure of "negative balance". Thiskind of pressure becomes the impetus of the "negative balance". The existing base of "negative balance" can be due to the extensiveaccepting of the idea of balance in American domestic law nowadays. "Positive balance" would be the developing trend of "negativebalance". It means seeking the consultation and cooperation in theinternational enforcement actively. The article agrees with the point that the American experience would beuseful and could be used for reference. At the same time, judged by thedeveloping trend of the law, "negative balance" breaches the principle of"tending of assimilation". It should be accept with animadverting. The relevant mechanism of antitrust law enforcement in international areahave not found in China. Through the analysis of the article, we come to aconclusion that we should adopt the legislation style of "Middle of theroad" with considering a good many factors and the situation of our country.The legal system of antitrust law enforcement in international area in Chinashould be build in the middle of "negative balance" and "positive balance".Finally, the author brings out the unresolved task of internationalcooperation in the situation of antitrust law "tending of assimilation".It is true that, the international enforcement system in Americanantitrust law is general revelatory and deep influencing to China, such anantitrust-non-developing country. However, the researching on American antitrust law is in summery stagein our country nowadays. It is necessary for us to strengthen the researchingof international enforcement mechanic. It is foreseeable that, theresearching in this field not only has theoretic value but also practicalvalue in the age of economic globalization. The article tries to learn the mechanic thoroughly. Based on the result,the article wants to discuss on the building of the new system involved. Itis thirst for more scholars to focus on this topic. Building and consummatingChina's antitrust law as soon as possible, we can face the new round of thechallenge of international competition easily. In the study process, the author absorbs many domestic and abroadscholars' researching conclusions. The author has more passion ininformation collection and pay many attentions to the new develop of Americanantitrust international enforcement system. The article adopts the compar...