The Legal Issues Research Of Extraterritorial Implementation Jurisdiction Cooperation Of The Antitrust Law

Generally, the main purpose of the antitrust law is to regulate the behavior ofmarket players in a competitive process during the territory of a country. It is part ofthe domestic law, with a strict territorial nature. However, with the development ofglobal economic integration and the emergence of transnational monopolies, theantitrust law is endowed with the extraterritorial effects. The earliest enacted antitrustlaw country in the world is the United States, which is also the first one thatestablished the national extraterritorial jurisdiction of the effectiveness. Since the1945"United States v. Alcoa" case, which the first established extraterritorial effect,and subsequently other countries also have established the principles and systems.The binding nature of extraterritorial enforcement jurisdiction on antitrust law isexternal expansion, this must be created a conflict of jurisdiction between developingcountries and developed countries. For this, the current major solution is that tostrengthen cooperation and negotiation. But for China, the pace of anti-monopoly hasjust started off, there are a lot of practical questions concerning cooperation. So, weshould take measures to revise and improve it. This article is divided into five parts,which includes an introduction, summary and other contents.The first part of the article mainly contain that antitrust laws theory about extraterritorial application, and define the concept meaning of the antitrust lawsextraterritorial enforcement jurisdiction. The extraterritorial enforcement jurisdictionis the inevitable trend of the current international community, such as "effectsdoctrine" in the United States. Under the current international environment and socialcontext, the extraterritorial enforcement jurisdiction has its legitimate existence value.The second part describes the typical cases in the United States and the EuropeanUnion, indicating that a representative of foreign antitrust law is how to deal with theextraterritorial enforcement jurisdiction problem, and comparing analysis of thedifferences between the U.S. and the EU on their cooperation.The third part focuses on China’s existing foreign institutional cooperation, andin the context of economic globalization, this institution has non-solved problemswhich combined with vitamin C Case in2005appeared.The fourth part contains that how to revise this institution around theextraterritorial implementation process, and talk about the future trend of the antitrustlaws.