Study On The Exterritorial Application Legal System Of Anti-monopoly Law

Anti-monopoly law is a basic legal system that the government used to adjust marketstructure, standardize market behavior and to regulate market competition. The enactment andimplementation of Chinese Antimonopoly Law is the inevitable outcome of the socialistmarket economy developing into a certain stage and the further opening-up to the outsideworld. With the global economic integration and China’s expanding opening-up, theinternational monopoly leads more impact on our market economy. To standardize thedomestic market competition order, ensure the security of China’s national economy andenhance the international cooperation on antitrust law, the urgency and importance ofestablishing the exterritorial application legal system of anti-monopoly law (EALSAL) areincreasing. However, for a variety of reasons, the China’s EALSAL still has problems such asthe inadequacy of law system, the inefficiency of started mechanism, the incompleteness oflaw enforcement system and the weakness of the international cooperation, etc. That is to say,the construction of China’s EALSAL is extremely inadequate. In view of this, the research ofthis paper always insists problem consciousness, adopts methods of theoretical analysis,comparative analysis, historical research and policy researching, and explores the specificpath to perfect China’s EALSAL.Apart from the introduction and conclusion, the main text is divided into four parts.The first part is about the general theory of the EALSAL. At the very beginning, this partdiscriminates and abolishes the existing views of the academia, and gives a scientificdefinition to the EALSAL, which is a country’s anti-monopoly law’s regulation to theforeigners’ monopolistic behavior outside its law territorial. Second, this part elaborates thelegitimacy of establishing the EALSAL in China as well as its the basic principles, which haslaid a solid theoretical foundation for further study.The second part describes the obstacles to extraterritorial application of antitrust laws(EAAL) in China. Firstly, combining several cases appeared in China’s anti-monopoly lawextraterritorial applicable progress, this section focus on obstacles to EAAL in followingaspects: the supplemented laws and regulations, the started mechanism, the law enforcementsystem, and the international cooperation, etc. Then this part further points out that theobstacles to EAAL in China including the inadequacy of law system, the inefficiency of started mechanism, the incompleteness of law enforcement system and the weakness of theinternational cooperation, etc.The third part is the practice of foreign EAAL and its inspiration to us. This sectionrespectively expounds the situation of EAAL in the United States, Germany, EU and othercountries and regions from the aspects of legislative practices, antitrust law enforcementagencies as well as the development of EAAL. It introduces relatively impeccable experiencesof foreign EAAL, which may offer some help on construction of China’s EALSAL. Therefore,this section also discusses the enlightenment provided by the EAAL of the United States,Germany and the European Union and other countries and regions.The fourth part is the analysis of the specific path to perfect China’s EALSAL. Based onthe obstacles to China’s EAAL in part Ⅱand the exposition of foreign EAAL practices in partⅢ, this part puts forth how to complete China’s EALSAL in the following four aspects, whichare the implementation basis of the EALSAL, the started mechanism, the law enforcementsystem and the international corporation.