Research Of The Effects Doctrine And Its Applicable Conditions Of Extraterritorial Jurisdiction Of China’s Antimonopoly Law

If one country has jurisdiction over the monopolistic conducts outside theterritory of the country on the basis of its own monopoly law, we call it extraterritorialjurisdiction of monopoly law, which is accepted by almost every country now. Andmany countries tend to use the effects doctrine as jurisdiction doctrine. In Article2ofChina’s Antimonopoly Law (2008), our country has declared our Antimonopoly Law“shall apply to the monopolistic conducts outside the territory of the People’sRepublic of China that has the effect of eliminating or restricting competition on thedomestic market of China.”Although our country has established that the extraterritorial jurisdiction appliesthe effects doctrine, there are some shortages in the applicable conditions of effectsdoctrine. The United States，European Community and some other countries havemore successful experience on the legislation and practice about the applicableconditions of effects doctrine, so the writer compares the advantages mentioned abovewith our country’s shortages, and then finds the abroad corresponding practices thatwe can learn from.This thesis is divided into four chapters. Chapter1overviews the effects doctrine,including its content, the practice of some countries and the legal basis, defines theimportant of the effects doctrine and introduces the problem we meet when we applythe effects doctrine. Firstly, the article is too simple to apply, without regulating the standard of the effects, the definition of eliminating and restricting. Secondly, thearticle restrains the object of the effects, competition on the domestic market is notsuitable enough to cover the object which is needed to protect. Finally the articlehasn’t considered the principle of reasonable jurisdiction which will perfect thepractice of the extraterritorial jurisdiction.Chapter2states the United States’ effects doctrine and its applicable conditions.It takes American commercial as the object of the effects, and takes “a direct,substantial and reasonably foreseeable effect” as the standard of the effects. Besidesthese, there has a principle of reasonable jurisdiction which including internationalcomity and other reasonable factors to restrict effects doctrine.Chapter3introduces other countries’ effects doctrine and its applicableconditions. Germany, the European Community and some other countries haveaccepted the effects doctrine and set up applicable conditions of effects doctrineswhich are similar to the applicable conditions of the USA.Chapter4describes the situation and the shortages when we applied the effectsdoctrine, sets up an implement guideline which combines the successful experience ofthe US and the actual situation of our country. The guideline suggests our monopolylaw shall take “commercial” as the object of the effects, take “a direct, substantial andreasonably foreseeable effect” as the standard of the effects and take reasonablejurisdiction into consideration.