Research On Extraterritorial Application Of Antimonopoly Law

With the trend of economical globalization and development of international trade, themonopoly behaviors of multinational corporations overstep the boundary of countries morefrequently, so their influence is also more international. Because there is no unified internationallaw to regulate multinational monopoly conducts completely and no international institution tosolve relevant monopoly dispute fairly, the international regulation to the dispute can not beachieved. On the other hand, it is necessary for affected countries or regions to apply theirantimonopoly laws extraterritorially. At present, although there are many conflicts anddifficulties in extraterritorial application of antimonopoly law (hereinafter referred to as"extraterritorial application"), most developed countries and regions have established theextraterritorial application institution in their antimonopoly laws. Chinese theoretical research onantimonopoly laws has began as early as the time of reform and opening up which also achievesgratifying successes, and the antimonopoly legislation has also began more than ten years ago,but there is no complete Antimonopoly Law in China today. So we can say that Chinesetheoretical research on extraterritorial application is beginning, but Chinese legislation of theapplication is empty.Under the background, the essay, using the methods of comparative, positive and historicalresearch, makes a more systematic research on the definition and fundamental principles ofextraterritorial application. Meanwhile, the essay analyses the practices of foreign countries, theconflicts in extraterritorial application and the solutions to them. Through the analysis ofinternational and domestic environment, we conclude that China should also adoptextraterritorial application. We should adopt the summary-like legislation pattern onextraterritorial application, and when we exercise the jurisdiction we should use the jurisdictionrule of reason which on the present most countries or regions accept. At the same time, in viewof overseas extraterritorial application we should stipulate in the legislation blocking clause andreturning clause. Extraterritorial application is a stranger thing to our country, so we should alsoperfect the extant law enforcement and the judicial system unceasingly.