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The Research On The Extraterriorial Application Of The Antimonopoly Law

Posted on:2005-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LiuFull Text:PDF
GTID:2156360125458607Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Extraterritorial application of the antimonopoly law originated from America, where its theories and practices have most swiftly developed. America has mainly used the effect principle in the extraterritorial application of the antimonopoly law. But America often use the principle of reasonable jurisdiction to balance the interest between America and other countries. European Union and other countries have basically followed the example of American practices except that there are slight differences in theoretical bases and some specific practices. The court of justice of European Union has adopted the objective territorial principle as the theory ground. Though it is conveyed in a different way, there is not much differences in essence between America and European Union.What attracts our attention is the prinple of single entity,which promots the theory of the extraterritorial application of the antimolopoly law greatly.The author upholds that we must maintain the extraterritorial effect of the antimonopoly law according to the general sequencing of the principle of territory, that of single entity and that of nationality, but abandons the principle of effect and the principle of place of specific performance .Conflict problems in extraterritorial application of the antimonopoly law are generally solved unilaterally, bilaterally or multilaterally. A unilateral way is currently the best one acceptable, with the America-Europe Pact as a demonstration. A multilateral way, especially the establishment of the International Uniform Antimonopoly Law, is our ultimate goal.China should have the article of extraterritorial effect set in its Antimonopoly Law. Needless to say, the Law should be applied in accordance with the situation in China. The author elaborates on how respective principles should be applied in China. He holds that China should solve conflict problemes through more extensive bilateral cooperation instead of making any "boycott" articles as other countries do.
Keywords/Search Tags:Extraterritorial Application, Principle of Effect, Principle of Reasonable Jurisdiction, Principle of Single Entity, Balancing of Interest
PDF Full Text Request
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