Anti-monopoly Law System Of Extraterritorial Applicable Research

With the development of economic globalization, deepening of the economic exchanges between the countries, the multinational’s overseas M&A surging. Monopolistic behavior in one country, often on the economies of other countries adversely affected. Regulation of such monopolistic behavior, more and more countries in the anti-monopoly law provides for the extraterritorial application of the system. The extraterritorial application of the system involves the question of jurisdiction, the face of economic globalization and the law localization of the conflict, such as the extraterritorial application of rationality and the application of the principle of legitimacy for nearly half a century of exploration. In2008the formal implementation of anti-monopoly law,"which also complies with the trend of the provisions of the extraterritorial application of antitrust law system. To start from the analysis of the countries in anti-monopoly law extraterritorial application of the system, focusing on China’s anti-monopoly law and the extraterritorial application of system, and China to build more comprehensive anti-monopoly system of extraterritorial application of ideas.In addition to Introduction to total consists of three parts. The first part describes the concept of the antitrust laws of the extraterritorial application of the system and reasonable. Antitrust applicable in order to prevent the harm caused by the monopoly in its territory or restriction of competition on the domestic economy, a country of its anti-monopoly law applies to those outside the country, while the domestic market may affect the monopoly or restriction of competition situation.The second part analyzes the extraterritorial application of the advanced countries of the United States and Europe and other anti-trust system. China’s Antimonopoly Law has just issued, the relative lack of anti-monopoly tradition, so the system is established, the main draw of the antitrust laws of the United States and Europe extraterritorial application system. Analysis of the United States and Europe and other country’s legal system and practical experience to help further improve China’s anti-monopoly law and the extraterritorial application of system. The effect of principles of the United States and Europe, and reasonable under the jurisdiction of the principle of international comity principles have become an important reference for China to enact laws, the jurisprudence of the United States and Europe in practice is the future of our country in the handling of relevant cases an important reference.The third part put the eyes back to the country abroad, and analysis to explore ways to improve the system of the extraterritorial application of the Antimonopoly Law. First on the necessity of the antitrust laws of the extraterritorial application of the system. The current international lack of uniform application of the antitrust laws of the countries, countries can only rely on domestic law to regulate the monopolistic behavior of the extra-territorial. It is necessary to safeguard its own sovereignty and economic interests but also to build the anti-monopoly system of extraterritorial application to be considered the most important co-ordination with other countries in conflict and contradiction. Secondly, focuses on China’s anti-monopoly law and the extraterritorial application of system, and system was evaluated from two aspects of the legislative system and law enforcement systems of China’s Antitrust applicable. Finally, the perfect system for China’s anti-monopoly law extraterritorial application put forward their views on legislation and law enforcement. Urged to develop more detailed specifications and supporting facilities in China to perfect, the extraterritorial application of the system of effective functioning of the system of extraterritorial application of the Antimonopoly Law.