Research On Extraterritorial Application Of Anti - Monopoly Law

With the evolving global economic integration, the economic relation betweencountries all over the world is becoming closer and closer. The marketplace of eachindependent country inevitably mix together, on this occasion, multinationalcorporations increasingly grow. In such a situation, these multinational corporationsmonopolize trade across the world as major players in worldwide market competition.The monopolization in certain markets is even more obvious. Besides, there are alsomany other acts which restrict market competition, and these acts are commonly seenin the international trade, such as Import and export cartel, exclusive trade,concentrated operators, and the abuse about dominant position in the market. Facedwith such a situation, the antitrust law applied to domestic market is neither enoughfor protecting national economic interests, nor for maintaining the market competitiveorder. Therefore, in such circumstances, for some acts restricting market competitionwhich have the same influence inside and outside the country, many countries statethat they have the same right of jurisdiction. The principles of antitrustextraterritoriality occur since then. So-called extraterritorial applicable antitrust lawrefers to a country’s anti-monopoly law beyond its home range, the competition fortheir borders abroad but will have a material impact of monopoly or restrictcompetition behavior in the jurisdiction of the system. In terms of our country, theAntitrust Law issued in2008officially determines this. However, seen from theinternational situation, this law simply applies to the effects doctrine and this isinadequate for solving more and more complicated antitrust act. Besides, thebroad-brush legislative design made this principle difficult to operate in our countryin some extent and no specific enforcement regulation is useful for cooperation. Inaddition, problems such as diversified law enforcement agency and short ofcooperation with other countries make this law laid aside for6years since it isconfirmed. Antitrust outside, of course, for the implementation of the system itself also has a lot of obstacles, Because from a certain sense, the implementation of theantitrust system of extraterritorial applicable is the legislative power, judicial power,and even the sovereignty of other countries "touch"，Thus the implementation of thesystem will inevitably lead to conflict of jurisdiction between countries, evidencecollection, recognition and enforcement of judgments, and many other obstacles, Inorder to solve these obstacles, cooperation between countries is particularly important,especially in bilateral agreements, multilateral agreements, such as regionalcooperation consultation to the achievement of cooperation mechanism, etc. Soliterally, extraterritorial application in our country is in a difficult time. Based onthese facts, in order to provide advice for the principles of our own country, thisarticle compares the principles of antitrust extraterritoriality of other countries, learnsother country’s practice experience, and combined with case studies. Below this paperwill discuss these from the theoretical foundation, applicable principles,implementation obstacles, and solution channel of this principle. For our countryanti-monopoly law shall be applicable to the outside to provide reference in the actualexecution, and solve our country anti-monopoly law shall be applicable to the outsidethe plight of the system are laid aside.