The Study On Conflict Of Competition Laws

The conflict of competition laws in this article is defined as which is caused by the differences of the material and procedural rules in different countries and by the co-existence of the extraterritorial effects by a national competition law and the territorial effects by the competition law in other country.This article discusses the reason why conflict of competition laws rises and also gives comments on current international models of harmonization for competition laws, and analyzes the current different international models solving the conflict of the competition laws. Considering the reason that private anti-competition practice is becoming one of the most important barriers to international trade liberalization, the international society is trying to coordinate the relationship between competition policy and multilateral trade system. It also analyzes the necessity and possibility for establishing institution of harmonization for international competition law in the WTO framework and it makes some advices about the material and procedural constitution of harmonization for competition laws in the WTO framework. Based on that, this article makes further discussion on the principles and standpoints that China should insist in the issue of conflict of the competition laws, so as to make constructive proposals for establishing and perfecting the Chinese law system of competition law.