The Research On The Extraterriorial Application Of The Antimonopoly

On the background of globalization of economy, the action of restricting competition is rising increasingly in the world, which severely obstruct liberalization of trade and investment while world trade liberalization pace speed up. In view of authoritative competition regulation which regulate enterprise's internationally restricting competition action haven't set up yet, most of countries adopt the extraterritorial application of anti-monopoly law to effectively prevent international monopoly, with a purpose protecting the domestic market to develop healthy and orderly.On the background, the essay, taking the formation, development and perfection of extraterritorial application as a clue, makes a more systematic research on the definition and fundamental principles of extraterritorial application. Meanwhile, using the methods of comparative, virtue, positive and historical research, the essay analyses the practices of foreign countries, the conflicts and difficulties in extraterritorial application and the solutions to them. The essay will also put forward some proposals to establish Chinese institution of extraterritorial application later. The essay are divided into five parts:Section one is the foreword on the significance of this disjunctive and it introduces the methods of research.Section two mainly deals with general theories of extraterritorial application. The author analyses the definition, necessity and its basic theories of extraterritorial application.Section three researches on the fundamental principles and practices of relevant foreign countries and regions. Firstly, the author makes a comparative research on the fundamental principles of extraterritorial application. Secondly, for the purpose of reference, the author proves the practices of American and EU by analyses several classic cases.Section four analyses the conflicts and difficulties in extraterritorial application. the author analyses the conflicts among relevant countries and regions in extraterritorial application, including jurisdictional conflicts and executing relevant judgements extraterritorially. 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...