On Application Of Conflict Rules In Competition Law

Along with economical globalization going thorough, an integrated global market is forming. This makes competition issues surmount the national boundary, and enter into international domain. Accordingly, competition law, which is used to be national law also breaks through a country region, seeks the achievement of extraterritorial application.The extraterritorial application of competition law has certain rationality; essentially, it is the result of the development of market economy, which does not have the national boundary. Along with the international economy competition, which is more intense day-by-day, some developed countries endow their competition law with an extraterritorial adopted a jurisdiction choosing method, which is obtaining the jurisdiction through one-sided expanding their jurisdiction scope, and then applying their own competition. This procedure caused a kind of arbitrariness, in the applicable law, and also easy to cause resistances of other country. It will make a strained relationship between nations; also make the conflict of competition law intense, in the jurisdiction, the applicable law as well as execution.At the same time, there is bilateral and multilateral cooperation on international widely in competition law. It has obtained some achievement on execution outside the territory, but the effect was not obvious in establishing international uniform competition substantive standard. In the present situation that different countries is in inconsistent level of development in economy and legislation, we should strike out in another direction, using conflict rules to give competition law extraterritorial effectiveness.This article would do some research on Conflict rules legislation of some countries in competition law. Do some comparative research on legislation pattern of different countries'; especially study the bilateral conflict rules thoroughly. On the basis of analyzing present situation of application of law in competition law in our country, makes some suggestions to the legislation of our country in competition law.The article is divided into five parts, about 33, 000 words in total.Chapterâ… has studied on the present situation and the rationality of extraterritorial application of competition law. First, it has analyzed the concept of extraterritorial application of competition law, then on the basis of introducing present situation in extraterritorial application of competition law, it has made some elaborations on the rationality of extraterritorial application of competition law from the legal angle and the economical angle.Chapterâ…¡has discussed the feasibility of utilizing conflict rules to adjust law confliction in competition law. It has done some research on law confliction in competition law from the aspect of concept, origin, performance and so on. According to the development of economic conflict law, it has proven the feasibility of utilizing conflict rules to adjust law confliction in competition law.Chapterâ…¢has done some research on other methods except the conflict rules to achieve extraterritorial application. The article has summarized the main methods to achieve extraterritorial application at present stage: unilateral legislation, the bilateral cooperation as well as the international coordination, and given appraise separately, proposed that the above methods are insufficient.Chapterâ…£analyzes thoroughly on utilizing conflict rules to achieve extraterritorial application in competition law. On studying present legislation of some countries, it has focused on advantages and disadvantages of each kind of legislation, pointed out that the bilateral conflict rules is superior to other methods in solving law confliction in competition, then has done exhaustive research on bilateral conflict rules.Chapterâ…¤deals with the conclusion. It sums up the above four charters, on this basis, studied the issue of law application in competition law in our country, and has made some suggestions to legislation of conflict rules in competition.