Research On The Extraterritorial Application Of Anti-monopoly Law Issues

Antitrust law is instituted to prevent the monopolistic behavior and ensure a level playing field for marketing. Sherman Act is the first anti-monopoly law issued by the United States, dating back over120years. Likewise, Antitrust Law of China is approved in the29th meeting of the Tenth National People’s Congress on August30,2007with implementation formally by August1,2008and it has only implemented six years. As of2008, more than100countries have legislated the antitrust laws.Traditionally, antitrust law belongs to the domestic law. However, by the judgment of United States of America v. Aluminum Company of America on the2nd US court in1945, Sherman Act has been declared to has an extra-territorial effect with the outlook shifts of extraterritorial jurisdiction. With the development of the times and deepening economic ties between the countries, more and more countries has reached a preliminary consensus with the extra-territorial effect of antitrust law. Nevertheless, the way to solve these conflicts is controversial.This paper is divided into four parts:The first part will differentiate the extraterritorial effect of anti-monopoly law from the others in order to clarify the foundations in international laws.The second part will comb and analyze the key principles of the extraterritorial effect of abroad antitrust laws. Besides that, each principle will be discussed based on the different choices of countries.The third part will analyze the conflicts and coordination of the extraterritorial application of antitrust laws. List out the conflicts and then coordinate them, which needs to consulted large quantities of data and information as supporting.The last part is my reflection on the antitrust laws’ extraterritorial effect. To begin with, I’ll interpret my own understanding of the second article of Antitrust Law in China and think of the conflicts in it. After that, I’ll put forward some opinions and suggestions for the information to the improvement of the antitrust laws’ extraterritorial effect.