Study On Legislative Issues Of International Competition Rules

Anti-competition practices are everywhere during the progress of Economic Globalization. Neither national competition law nor bilateral agreement can manage an effective regulation on these practices. Economic Globalization leads to the disorder of the international competition. The way to solve this problem lays in the cooperation of countries to create a uniform system of international competition rules. As the most successful regional competition law system, EC Competition Law is mature in its substantial rules and is creative in its procedural rules. And it has created a new method to manage the cross-border anti-competition practices. The successful experience of EC competition law is useful for the building of international competition system. But we cannot directly copy these rules to the international competition law. We should fully analyze EC competition law, and decide which are to be absorbed and which should undergo some reformation in order to suit the international system.The paper contains three parts:The first part is the fully study of EC competition law system. It contains the analysis of the structure and regulations of the EC competition law. And on the basis of this, the author reveals what can we borrow from the EC competition law in order to build the international competition law system.The second part is the analysis of basic legal issues of international competition rules. The paper especially focuses on the analysis of the necessity and feasibility of building the international competition rules, and the underlying obstacles.The last part is about the legislative suggestions for international competition rules. The author suggests to build a double system for international competition rules. One is inside the WTO legal system, the other is outside the WTO system. The jurisdiction is divided according to two standards, one is the standard of field-trade or non-trade; the other is the standard of legal subject-government or private individual. The competition regulations inside WTO system govern the anti-competition practices of government in the international trade field. The other system govern the anti-competition practices in the non-trade field and individual anti-competition practices in international trade field.