The Overlap Of Extraterritorial Application Of Anti-monopoly Laws And Coordination

The extraterritorial application of anti-monopoly law overlap, refers to the monopoly or restriction of competition behavior occur in a country, but some foreign countries also use the extraterritorial application of its anti-monopoly law when they consider this behavior has adversely affected their domestic economy or market,which can cause that several countries anti-monopoly extraterritorial application of several countries are applied to the same case stacking applicable phenomenon.On the extension of jurisdiction, all the pursuit of national interests, the development of economic globalization and the lack of effective coordination is the formation of the extraterritorial application of anti-monopoly law of overlapping causes, mainly for the domestic anti-monopoly law and foreign extraterritorial effect of overlap and foreign extraterritorial effect between overlap, the specific contents are under the jurisdiction of right overlap, case investigation and punishment, the trial of overlap overlap, these overlap is not a reasonable solution could form the interests of the state, jurisdiction and applicable during various conflicts, to the perpetrator, other operators caused a lot of inconvenience, but also damage the national economic sovereignty, especially in the economic globalization under the big background, competition policy and industrial policy coordination needs, anti-monopoly law improve their need, to coordinate the extraterritorial application of overlap, and these are contrary to the value of anti-monopoly law itself. In the international society to solve this problem, efforts have achieved remarkable results, the countries through national legislation of anti-monopoly in strengthening self rule, at the same time to establish a uniform international antitrust law to do a lot of work.Anti monopoly law in China also established a system of extraterritorial application, but there are many shortcomings, in order to deal with the economic globalization and the development of the antimonopoly law effectiveness of demand, China should first improve legislation, set reasonable jurisdiction principle and the principle of comity, explicit response to applied overlapping solution, build perfect antitrust rules; extraterritorial application system implementation of the system; at the same time, and actively participate in international cooperation and exchange, to build internationally unified solution to.