On The Conflict And Coordination Of The Antitrust Law Application

Anti-monopoly law is called "free enterprise Charter" in the market economy countries that occupies a very important position, which safeguards free competition economic fields .When the extraterritorial application of a country's anti-monopoly law have some effects and put into practice by law enforcement authorities, Anti-monopoly law ensuing conflicts, as the international economy continues to develop and gradually intensified. The conflicts have led to the implementation of the anti-monopoly law in the waste of scarce resources, but also enterprises, and may even lead to diplomatic relations deteriorated. So, from both the economic or political perspective, the conflicts in coordinating the implementation of the anti-monopoly law are very important and urgent .Based on this understanding, the coordination of the anti-monopoly law that in the 70,80 of 20th century has begun. Generally, coordinated approaches have been taken by the national legislation, bilateral agreements, regional coordination, coordination of international organizations. Each co-ordinated approach has its merits, there is insufficient. At present, coordination of the implementation of the anti-monopoly law has acceded to the conflict on the agenda. Although so far, many scholars believe that the establishment of an international anti-trust law in the WTO system of the mainstream development system is the world's anti-monopoly law. But, whether the WTO should establish a unified and competitive policy framework led by the United States and the EU are still in favor of and against the two opposing viewpoints; WTO has yet to reach any substantive agreement on this subject. China as a member of the WTO and as a developing country is in the process of building a market economy. This question can not be indifferent. Because of foreign enterprises and consumers in their national courts have a monopoly suits for China. More importantly, through 10 years, draft of China's anti-monopoly law has now entered a stage of the "anti-trust resolution" .China's anti-monopoly law has extraterritorial application of effectiveness through the Article 2 of China's anti-monopoly law. It means that foreign anti-trust conflicts could not be avoided. Therefore, China should take the initiative to join the relevant international organizations, particularly the WTO to discuss the issue. The measures will be taken in line with China's national conditions.