Antitrust Apply

The extraterritorial application of Antimonopoly Act has more than 60 years since America established it in 1945 formally. Now international society has affirmed this system, and more than 50 countries including our country have regulated extraterritorial application in their Antimonopoly Acts. In spite of establishing this system, we lack of laws about how to carry out it. In the end of 2007, the message that BHP Billiton Ltd. want to purchase Rio Tinto shocked our steal industry, and many scholars appealed our country should start practical history of the extraterritorial application of Antimonopoly Act as soon as possible. In the case of lacking theory accumulation and practical guidance, we may learn from developed countries optionally.This article is divided into four chapters.The first chapter introduces the extraterritorial application of Antimonopoly Act in general, including concept, origin, necessity and theory base.The second chapter introduces every principle in the judicial practice of America and European Community——the effect doctrine and reasonable jurisdiction principle of America; the principle of economic entity and the implement approach of European court of justice, and effect doctrine of European Economy Commission (ECC), and every principle's advantages and disadvantages are compared and analyzed.The third chapter introduces all kinds of questions during the extraterritorial application, including the negation from international law and internal law, and all kinds of conflicts among every country in the world from the extraterritorial application. Regarding these questions, the author refers to present international method to provide some suggestions from four aspects, including country restraint itself, two countries'collaboration, regional cooperation and build international antimonopoly mechanism.The fourth chapter goes back to the foothold of this article—our country's extraterritorial application of Antimonopoly Act. This chapter summarizes the present theory research status of our country and point out the meaning of establishing this system. Besides, the author represents opinion and attitude regarding the legislative style and jurisdictional principle selecting, and provides some suggestions to perfect our country's extraterritorial application, which includes restaining the effect doctrine reasonably through detailed rules and regulations of implement , and pay attention to other principles'use flexibly, besides, strengthen coordination and cooperation with other countries, and perfect legal gaps.