On The Antimonopoly Law Of The Extraterritorial Application Of The System Build

As trade policies become more and more transparent, global market more andmore integrated, economic dependence higher and higher, countries use competitionpolicies and laws to protect domestic markets, even propose to govern and enforce thebehaviors that take place in other countries. Therefore, antitrust problems get moreand more attention from the international community.The reason to compare EU with China is not only because the system ofantitrust law is well-developed, but also there are many similarities to China rangingfrom legal system and local protectionism. It is thoughtful to choose EU's competitionlaw as the example of China's antitrust legal system.The paper suggests that China should learn from the three rules of EU's andapply them into practice according to different situation, concerning the design ofsystem of China's antitrust law international application.China should establish international cooperation mechanism characterized bythe combination of bilateral, regional and multilateral cooperation. As a WTO member,China should also actively take part in the design of competition law and propose thesuggestion beneficial to China itself, to make the rule able to protect domestic marketfrom international monopoly behaviors.The EU committee can effectively enforce antitrust law, because EUCommittee is a powerful and independent body. So China should also establish anauthoritative and independent body just like EU committee to enforce antitrust law,because a powerful organization can make enforcement easier.There will be some political and economic problems when it comes tointernational cooperation of antitrust law international application. When sovereigntyinvolves in the case, we should solve this by negotiation, and use positive comity forreference.As a developing country, China still faces another problem that developednations require us to eliminate monopoly and government assistance upon thestandards used in their countries. Developed countries want to build a "level playingfield", so that their domestic companies can go in and out of developing countries'markets freely. Currently, the international cooperation carried out in antitrust areamainly reflects developed countries position, neglecting interests of developingcountries. China should support the interest group formed by developing countries tofight for our rights in international negotiations. Meanwhile, to utilize the beneficialclauses to promote the reform of state-owned enterprises and to provide safeguard forChina's economic development...