Research On Juridical Approach To International Antitrust

After World War Ⅱ, countries embarked on the road of laying more emphasis on their economic development and social improvement. Developed countries in the western world, the U.S in particular, rose up rapidly by vigorously promoting their domestic economy and formed a force that no countries can afford to ignore in the global economic development. These developed countries establish multinational companies and expand abroad in hope of snatching more market share. As a result, monopolism caused by mergers and acquisitions of domestic enterprises suppresses global economic competition and gains prevalence in many countries. Thus, how to stipulate transnational competition regulation becomes the focus of attention in this backdrop. The practice to enforce extraterritorial application of their antitrust provisions within their domestic law system is pursued by many countries although it has its obvious drawbacks. Standardization of international antitrust laws seems ideal but is difficult to realize so far. Given the situations described above, the introduction of Conflict Laws, intended to solve traditional conflicts within the civil laws originally, provides a new approach to transnational competition regulation.Against this background, this paper presents the status quo and theoretic foundation of the extraterritorial application of domestic antitrust provisions, cooperation mechanism on both bilateral and multilateral basis and further discusses their drawbacks and limitations,with special emphasis on the limitations of extraterritorial application as contributing to a conflict of interest among countries concerned and blurring the boundary of regional jurisdiction and law application. A country that obtains its jurisdiction based on the system will directly subject to the law of court which will squeeze its room for discretion and incapacitate its antitrust law. On this basis, the article addresses the necessity and feasibility of introducing conflict law into the international antitrust field, the possibility to break through the "public law taboo" of conflict law so that foreign public law oriented towards conflict regulation can be extended to another country.And by drawing upon the experience of the private international law legislation in some countries, recommendations are put forward for the establishment and improvement of China’s restriction of competition conflict norms.