The Research On Regulation System Of International Cartel

In the traditional anti-monopoly acts perspective,cartel main points the monopoly agreement reached by the same operators in a country. As the domestic cartel has caused significant damage to domestic competition in every country. With the acceleration of the trend of word economic integration,the economy exchanges more and more frequently,the economy integrates higher and higher,and international cartel also uses this opportunity to spread rapidly in the world. The exist of international cartel has restricted the international competition in the relevant markets,has hindered the establishment of the freedom and fair competition order in the world, and also has hindered the deeper development of economic globalization. International cartel is an important means for the enterprises in different countries to reap high profits in common,therefore the interests of consumers have been damaged seriously.As international Cartel involves a wide range of markets and influences a large sphere, it usually causes a larger damage than a domestic cartel. The current relevant legal system regulating international cartel is extremely limited,thin and weak.In the world,they are mainly those developed countries like USA,EU,Japan and so on who have achieved some success in the practice of regulating international cartel. But according to the implementation in those countries,it still exists a series of difficulties. It is the self-interests every country priorities when they dealing with the problem of international cartel,they advocate the extraterritoriality of their state’s anti-monopoly acts one after another,thus, it will inevitably lead to conflicts of interests in various countries, and then influences the effective regulation of international cartel. On the other hand, every state takes a negative attitude against the international cartel regulation when it does not involve national interests, which makes the interests damaged states can not get assistance from other states and so they can not regulate international cartel effectively. Thus, it main depends on two aspects to regulate international cartel effectively, one is the effective regulation of the domestic anti-monopoly acts in the involved states. Though international cartel has transnational elements, no matter the body, behavior or the influence,it ultimately relates to specific state, so it is certain for the involved states first to regulate international cartel in their domestic law. On the other hand, just because the exist of transnational elements,the effective cooperation in relative fields among involved states, no matter the expose of the violations and surveyor the later trial and punishment,certain relates to many foreign information, the exchange of sharing evidence and the cooperation of implementing measures. And direct consequences in the process of the program is that every state can not regulate the international cartel effectively just because of the interests of conflict in these aspects. If there is no relative international cooperation, the detection and trial of the case will be more difficult, and it affects the validity of domestic legislation to a certain extent, so it is very necessary to have an international cooperation.In the process of integrating into the world market our country has also been damaged seriously from international cartel, Happened in 2002, for example, a typical international cartel cases, the world’s main international liner shipping organization joint dozen liner company, through the determination of unified standards in our country, fixed charge port wharf operating costs, serious damage to the interests of the state of our country.In this case, the EU has made illegal in before the penalty decision,15 of the asia-europe run carrier fine imposed a total of 7 million euros. Although our country also in the case of the investigation, but we always can not fight back because of lacking of relevant legislation and practical experience. With the implementation of "People’s Republic of China anti-monopoly law",our anti-monopoly work has also on the way to be normalized and institutional, but it still has a huge gap compared with developed countries. Therefore, in the case of combining with our actual situation, we should learn and absorb advanced foreign experience, participate in international cooperation effectively, fight against the international cartels commonly, and then safeguard our national interests.