The Research On Extraterritorial Application Of Antimonopoly Law

Based on the data published by Japan Cabinet Office in2010, China has becomethe second economic entity. As one of the countries that have busiest internationaltrade, China got an important economic status. Meanwhile, domestic enterprises’economic activities have been frequently investigated and punished by other countries.China lack of effective solutions to get rid of foreign trading practices crashed in. Oneof the reasons that leading to this condition is the incomplete law system, who’s mostsignificant part is the extraterritorial application of antimonopoly law.Extraterritorial application of antimonopoly law is a system in order to regulatethose activities that happened outside the territory but affected domestic market.Recur to the experience of the West, rational use of extraterritorial application ofantimonopoly law can prevent overseas anti-competitive practices’ adverse impact ineffect. Through legal provisions, China adopts effect doctrine for extraterritorialapplication. But we lack of specific implementing regulations and supporting mea-sures. That is the primary cause of why we frequently suffering foreign investiga-tions but hardly cracking-down overseas anti-competitive practices that influencedour domestic market in bad ways.Extraterritorial application system for antimonopoly law of Europe and Americais completely developed, and they have rich experience. Although there are lots ofapplicable principles of extraterritorial application, most of them are base on effectdoctrine. Those experience and flexibility use of effect doctrine provide references forthe application of our country’s legislation. Attention to the extraterritorial applica-tion of antimonopoly law among international community, and conflict resolutionswhich spring up also supply a good environment for China to establish a completeextraterritorial application system.Based on the introduction of developing process, and other countries’ practicecases, this article has presented and analyzed the emergence, development andapplication status of extraterritorial application of antimonopoly law. By comparingvarious kinds of doctrines and conflict resolutions, getting correct understanding ofthe implementation in China, this article try to raise reasonable advises to completethis system, from the angle of constitutive requirements and enforcement pattern.