Research On Extraterritorial Application System Of Antimonopoly Law In China

Anti-monopoly Law is the fundamental law of market economy system, which gives the equal statues of consumers and producers in economic activities. Anti-monopoly Law through maintaining and promoting competition to accelerate the rational flow of various market factors, adjust the production and optimizing the allocation of resources, ensuring the orderly operation of decentralized decision-making mechanism. With the development of economic globalization, economic activities were no longer restricted to territories. Some country started to use local Antitrust Law to regulate the extraterritorial restrictive competition behavior. Under these backgrounds, the extraterritorial application system of Anti-monopoly Law comes out. In August1, 2008 Chinese <Anti-monopoly Law> takes effect officially, playing an important role in defending people’s economic rights. Summarize experiences and lessons about extraterritorial application since 2008 is important to protect competition and economic interests of our country. This paper is divided into four sections, starts from the general theory of extraterritorial application system of Anti-monopoly Law, then analyzing three typical cases in recent years, furthermore discusses the problems in our country and put forward solutions.The first part is the general theory of extraterritorial application system of Anti-monopoly Law. This part introduced the development process of extraterritorial application system in worldwide, which from the established in the United States to spread all over the world. Furthermore, described the conditions of extraterritorial application system of Anti-monopoly Law in our country.The second part is the practice of extraterritorial application in our country. This part analyzed the representative cases in three aspects: international cartels, abuse of market ascendancy with international influence, cross border mergers and acquisitions. Then illustrate the recently progresses and problems of extraterritorial application system in China.The third part is the problems of extraterritorial application system of Anti-monopoly Law system in our country. This part focused on the problems of extraterritorial application system in our country, such as incomplete legislation, weak operation foundation, unreasonable law enforcement system, inadequate international cooperation. Furthermore, explains the necessity and urgency of these issues.The fourth part is the improvement of the extraterritorial application system of Anti-monopoly Law. This section is corresponding to the current problems of extraterritorial application system of Anti-monopoly Law in our country, proposes suggestions from four aspects: perfecting legislation, cultivating competition cultural, strengthening the construction of law enforcement system and promoting international cooperation. By these means to effective the foundation of Anti-monopoly Law in promoting our country’s economic interests.