Research On Extraterritorial Application Of Antimonopoly Law

Anti-monopoly Law is a powerful weapon to maintain marketcompetition, and its importance has been widely acknowledged in countrieswith developed market economy. With the development of internationaleconomic integration as well as the decrease of trade barriers, themonopoly behavior has been increasingly transcending national borders,with great global impacts. Therefore, it becomes possible and necessary forAnti-monopoly Law to have extraterritorial application. Although theextraterritorial application of Anti-monopoly Law is with conflicts anddifficulties, many developed countries or areas have established theextraterritorial application for Anti-monopoly Law, among which Americaand EU are with most developed and perfect extraterritorial applicationsystem. Currently, keeping pace with times, China has established itsextraterritorial application for newly-released Anti-monopoly Law, whilelacking a perfect system in aspects of legislation and execution. This paperintends to make the reason analysis and jurisprudential analysis on theinternational conflicts caused by extraterritorial application ofAnti-monopoly Law, putting forward some constructive suggestions on thelegislation and practices of extraterritorial application system of China’sAnti-monopoly Law.This paper is divided into five parts:In the first part, the author mainly introduces the definition ofextraterritorial application system of Anti-monopoly Law, the internationalnorms for it as well as the inevitability and rationality of it.In the second part, the author introduces the principles of Americanand EU’s Anti-monopoly Law in aspect of extraterritorial application,including the effect principle, reasonable jurisdiction principle, international comity principle emphasized in American Anti-monopoly Law,as well as the single economy principle, implementation principle andeffect principle emphasized in extraterritorial application of EUAnti-monopoly Law.In the third part, the author briefly introduces the legislation andexecution system of extraterritorial application of Chinese Anti-monopolyLaw, including the current situation of the legislation of China’sAnti-monopoly Law, as well as the characteristics and procedures ofexecution system.In the fourth part, the author analyzes the deficiencies existing in theextraterritorial application of China’s Anti-monopoly Law from aspects oflegislation and execution system.In the fifth part, the author puts forward the correspondingcountermeasures for the extraterritorial application of China’sAnti-monopoly Law, such as the better general legislative configuration,quicker formulation of corresponding laws, regulations and detailed rules,as well as the principle improvement of extraterritorial application in aspectof legislation system. As for execution system, the author suggests that aunified and independent law enforcement agency for Anti-monopoly Lawhas to be established, review and hearing system for Anti-monopoly has tobe set up, as well as the improvement of independence and credibility oflaw enforcement.