The Conflict And Coordination Of Exterritorial Effect Of Competition Law

As the world economy becomes more interdependent, a lot of countries use "exterritorial effect" to apply their national competition law beyond their borders. The theoretical foundation of "exterritorial effect" is "effect doctrine", which originate in the US. The essence of this doctrine is that if the agreement is found to produce negative effects on the competitive conditions of one country's market, this country can apply its own competition law on it even this agreement is concluded beyond its border. The extraterritorial reach of competition laws arise a lot of disputes because other states will feel that their sovereignty is infringed. So in the first chapter and the second chapter we mainly talk about "exterritorial effect" and "effect doctrine" and the conflict base on exterritorial application of competition law.This thesis is firstly set up on the base of studying large number of books,relevant research thesis and legal texts. And then uses the method of comparison analysis to examine the best way to coordinate especially for developing countries and small countries.So the third,the fourth and the fifth chapter enumerate three methods to coordinate the conflict of exterritorial effect of competition law. There are:the Bilateralism, which means the bilateral cooperation between different law jurisdictions, for example, the EU/US cooperation; the Multilateralism, which means multilateral cooperation aimed at establish a global competition authority; the Regionalism, which means regional cooperation between countries from a certain region. And the thesis also analyzes the characteristics of each method in detail.After analyze the strength and weakness of each method, in the sixth chapter we can come to the conclusion that:Regional Coordination is the best method according to current international situation. Regionalism is a stepping stone on the path toward multilateralism.