On The Extraterritorial Application Of Antimonopoly Law From Boeing Case

The extraterritorial application of Antitrust Law is an inevitable result of the development of economy and international trade.'With the intensified competition of market and international monopoly, more and more countries recognize the importance of extraterritorial jurisdiction of antitrust law and put it into practice, which leds to conflicts between countries.The thesis, with the method of practical analysis, comparative analysis and historical analysis, makes a systematic research on the fundamental principles of extraterritorial application, the experiences of the European Union and the United States, and the problems and measures about the issue. Through explaining the advantages and disadvantages of the bilateral and multilateral cooperation in extraterritorial application, the thesis concludes that the best way to solve the problems is to establish an international antitrust system. Then, the thesis analyses the strong points of the international antitrust system and gives advices to build such a promising system.This thesis is divided into five chapters.Chapter One illustrates the conception of extraterritorial application of Antitrust Law and its feature of case law. It's the summary of the thesis.Chapter Two introduces the Boeing Case and evaluates it. This part is a prelude to the full text and a basis for the following discussion. By outlining the acquisition parts and the dice game between EU and US during the merger and acquisition, it trys to reveal the underlying conflict of interest and counterbalance, which has laid a foundation for the analysis and study of countries'conflict and cooperation.Chapter Three analyses the reasons for the extraterritorial application of Antitrust Law and the existing problems. First of all, it clarifies that the extraterritorial application of antitrust laws is of objective necessity. Then, it points out, from a in-depth perspective in national interests, politics and trade policy, the internal motivation of countries to apply antitrust laws extraterritorially. After that, it analyses the conflicts and problems of extraterritorial jurisdiction, such as the conflicts of jurisdiction, the inconsistence of laws, the difficulties in implementation and the cost for enterprises.Chapter Four deals with the theory and practice of the extraterritorial application of Antitrust Law in Europe and the United States. This chapter, perspective from the United States and the European Union, explained the theoretical basis for the extraterritorial application of antitrust laws, followed by legislative and judicial practices. It singles out the recent advances of U.S. Antitrust Law in extraterritorial application. The theories and practices provided a valuable experience for the future development of antitrust laws in extraterritorial application.Chapter Five introduces the international cooperation in extraterritorial application of Antitrust Law and presents the future. In this area, the current bilateral cooperation and multilateral cooperation are the most representative patterns, in which the United States and the European Union have played an important role. Because both bilateral and multilateral cooperation mechanisms have limitations and can not solve the problems fundamentally, while antitrust policy has its urgency and real possibility, the author propose the establishment of an international antitrust system. China will play an important role in the process.