The Research Of Extraterritorial Application Of Anti-monopoly Law

With the development of economic globalization, international monopolies and restrictive business practices continue to increase, and on the lack of unified control of the international law, many monopolies and restrictions on competition are in a legal vacuum because they are neither legitimate nor illegal. Because of the great differences between the views of stakeholders, economic issues often evolve into political issues, leading to tension in international relations. As to the highlight of the international monopoly and the absence of international uniform law, many countries turn to resort to the extraterritorial application of national anti-monopoly law, and use domestic law to adjust the international monopolies or restrictive practices which impact on states. Among different states the extraterritorial application of domestic anti-monopoly law is very different, and law experts are also controversial. The article is to explore basic theory and general principles about extraterritorial application of anti-monopoly law, and referring to legislative experience from Western countries, to improve China's anti-monopoly legislation, in order to avoid inconsistencies in the practice which may cause political conflicts and international disputes. It legislatively strengthens extraterritorial application of the domestic law, eliminates trade barriers, restricts monopolistic behavior, reduces international disputes, and achieves trade liberalization. The study to extraterritorial application of the Anti-monopoly law, will surely promote China's study of competition legislation, in accordance with the international economic situation and China's specific national conditions further improve China's anti-monopoly law, and provide theoretical basis to China's anti-monopoly law construction on the system of the extraterritorial application.This article, using the empirical analysis, historical, comparative, value analysis and other research methods, by China newly promulgating the "People's Republic of China Anti-Monopoly Law" as the starting point, introduces the establishment and development of the extraterritorial application of anti-monopoly law, and defines its history; leads to the legal analysis of the extraterritorial application of anti-monopoly law. By comparing and refering the legislation and judicial practice of the United States, Germany, the EU and other countries and region, it shows the profile of the typical Western countries'extraterritorial application system, and evaluates them. It systematically discusses the conflict and the coordination of the extraterritorial application of anti-monopoly law, and cites many classic cases at home and abroad to facilitate the further improvement of China's anti-monopoly law. The conclusion at the end of the article is, as to the legislation and shortcomings of China's current anti-monopoly law on the extraterritorial application, to propose to improve the extraterritorial application of China's anti-monopoly law. The article, from the selection of subjects to form a system, entirely implements academic innovative spirit including theoretical innovation, structural innovation, methodological innovation, and gain new view, rigorous verification, strong logic, prominenting in combining theory and practice. The article expects to scientifically and rationally prescribe the extraterritorial applications of China's anti-monopoly law in light of China's specific conditions.