Study On The Exterritorial Application Of Anti-monopoly Law

With the economic globalization, there are more and more anticompetitive behaviors having transcended national boundaries, which have severely obstructed the trade liberalization. In the absence of a uniform international competition rule, most countries have applied their anti-monopoly law exterritorialy to safeguard a healthy and orderly domestic market.Various methodologies such as comparison, empirical and historical analysis are used in this thesis to give a detailed explanation of the exterritorial application of anti-monopoly law (EAAML) .The first chapter is an introduction of the general theories of EAAML. Firstly, the author analyses the definition of exterritorial application and concludes that the "scope of law" is the basis to make out the differences between the territorial effect and extraterritorial effect of anti-monopoly law. Then the origin, development and perfection of exterritorial application are researched to reveal its laws and features. Finally, the author makes a comparative study on the fundamental principles of extraterritorial application so as to get a macroscopical understanding of EAAML in different regions and countries.The second chapter deals with the practices of the EAAML. The United States is the first country that established the institution of EAAML. The author firstly analyses the American practices, and then the practices of European Union and other countries are introduced as well.The third chapter focuses on the conflicts in the EAAML and how to coordinate the conflicts through unilateral method and international cooperation.The forth chapter is references to the exterritorial application of the Anti-monopoly Law of PRC drawn from the above analyses. It is suggested that the exterritoriality of the Anti-monopoly Law of China be established, the effects doctrine be its application principle, and the blocking clauses and claw back clauses be set up a, to safeguard the economic interests of China.