Antitrust International Cooperation In The Legal Issues

From the date of the U.S. anti-trust's establishment of extraterritorial jurisdiction, Extraterritorial jurisdiction was continually resisted by other countries. In order to release the conflict of extraterritorial jurisdiction, United States and Germany begins to cooperate with international anti-trust, so cooperation in anti-monopoly legal system came into being. There are three kinds of modern anti-trust legal system of cooperation:bilateral cooperation in the anti-monopoly legal system, regional cooperation in anti-monopoly legal system, global cooperation in anti-monopoly legal system. Among these legal systems of cooperation, bilateral antitrust cooperation system is the mainstream of antitrust cooperation; the antitrust legal system of bilateral cooperation is mainly the cooperation on procedure, which has the specific systems that:information exchange system and the legal system of extraterritorial jurisdiction's cooperation. These two systems cover all the main content of the bilateral antitrust cooperation, and almost of all the bilateral cooperation include the content of this aspect. Regional cooperation in anti-monopoly legal system is represented by the anti-monopoly law of the European Union, specifically including antitrust substantive law and antitrust procedures. EU antitrust substantive law is provided in the EU Treaty Article 81,82; EU antitrust procedural law exists in the European Union 1/2003 Rules; The two legal systems cover all the content of law in anti-monopoly. The law of globe anti-monopoly's cooperation is mainly from the United Nations and the Economic Cooperation Organization, both are soft law antitrust organizations, which has no legally biding on States that is the reason why it is impossible to have standard to rule the behavior of monopoly on the globe aspect. In this dissertation, I will do research on legal regime which is as the representitive of the international antitrust cooperation to improve and learn the systems through dialectical analysis on the basis of confirming those systems.