The Response Of Extraterritorial Application Of The US Antitrust Law

With the liberalization of the world economy, the extraterritorial application ofantitrust law system was first developed from the United States. Although the systemfrom the date which has been the scholars questioned and resisted, but now most of thecountries or regions in the world still to establish the extraterritorial application systemsto combat international monopoly behavior to protect the survival and development ofthe domestic market, to ensure that domestic consumption use inexpensive products.The most perfect system of monopoly Law to the development of the United States andthe European Union to establish the effect of principle, the principle of reasonablejurisdiction, the principle of economic integration, to fulfill to the principles of thetheoretical basis.In this international environment, China’s vitamin C enterprises were U.S. antitrustextraterritorial application of litigation. March14,2013, the United States EasternDistrict of New York Court of First Instance judgment: ruled the plaintiff’s lossamounted to$54.1million, vitamin Hebei Welcome Company and its parent company,NCPC Co., jointly and severally compensate the plaintiff a total of$1.5323billion.Chinese Ministry of Commerce issued a statement that this is an unjust penalty. Thisarticle leads to this case, analyzed the causes and development of monopoly Law,several exemptions for government, guilds and enterprises to provide some intentionalReflection and Inspiration.The paper is divided into five parts. In the first chapter of the introduction, a briefintroduction to the background of the problem, to study the significance of the work andthe research situation. In the second chapter vitamin companies sued case, brieflyintroduced the background and development process of the case, introduced the latestverdict of the case and make a brief Comment. In the third chapter, introduced theconcept and the development of the extraterritorial application of antitrust laws of theUnited States。Reasonable theory of the effect of the principles and the principle ofterritoriality and defects. Chapter four comment on the inadequacies of the respondentin this case. Including government, guild lack of services and lack of awareness ofenterprise. Chapter five by analyzing the case put forward some strategies andsuggestions, drops hope to better safeguard the interests of the state and enterprises.Finally, through the entire article cause of antitrust extraterritorial application system and establish development analysis, concluded that: the extraterritorialapplication of the system relies heavily on the past, economic and political influence.China’s economic strength is not strong, the law is imperfect, the extraterritorialapplication of the face of the avalanche of foreign antitrust laws is not a small challenge.But we should understand the globalization of the world economy is a double-edgedsword, we have to face such as vitamin C corporate litigation risks and pressures, wemust clearly see that as China’s growing national strength and China’s anti-monopolylaws the gradual improvement of the sector, with the gradual transition of the newgovernment to pay more attention to reform and opening up as well as the guildfunctions, China should actively participate in bilateral to changing internationalexchanges and cooperation, safeguarding national interests and the interests of Chineseenterprises.