The Extraterritorility Of Merger Control Regulation

In the background of global economic integration, trans-broader merger and acquisition became one of the important causes of the monopoly and an important approach to establish monopolistic status in some industry. Therefore, the extraterritoriality of the merger control regulation draws more and more attention. This article tries to put forward a suggestion to the existed problem and the potential problem of our country in the extraterritoriality of the merger control regulation, on the basis of studying the basic conception and theory and experience of U.S. and EU and the conflictions in the extraterritorial performance of the merger control regulationThis article comprises six parts as follows:The forewords introduce the incentives and objectives of this article.Chapter one introduces the basis question of extraterritoriality of the merger control regulation to lay the groundwork, on the basis of defining the basic conception of the extraterritoriality of the merger control regulation and the relationship between the extraterritoriality of the merger control regulation and extraterritorial enforcement of the merger control regulation and analyzing the jurisprudence and realistic basis of the extraterritoriality of the merger control regulation.Chapter two introduces the U.S. legislation and performance experience of extraterritoriality of the merger control regulation, analyses the principals in U. S. performance experience of extraterritoriality of the merger control regulation including strict territorialiy, effect doctrine, interest balancing approach and jurisdictional rule of reason.Chapter three introduces the EU legislation and performance experience of extraterritoriality of the merger control regulation, analyses the principals in EU performance experience of extraterritoriality of the merger control regulation including effect doctrine, single economic entity doctrine and the place of implementation doctrine.Chapter four introduces the conflictions in the extraterritorial performance of the merger control regulation and antagonism from international community and the way to solve, analyses the essence of the confliction and the experiences of bilateral cooperation, unilateral cooperation and uniform antitrust law drafting.Chapter three introduces legislation and performance experience of extraterritoriality of the merger control regulation of our country, analyses the problems in protecting the interest of the litigant in the case arising from the extraterritorial enforcement of the merger control regulation and puts forward suggestions in four aspects to the existed problem and the potential problem of our country in the extraterritoriality of the merger control regulation.The conclusion summarizes the key viewpoints in this article and puts forward pertinence conclusions to the key questions.