The Research On Extraterritorial Application Of Antimonopoly Law

Since its implementation in August 1,2008, China's Anti-monopoly Law has played a significant role in the maintenance of market order and protecting the public interests.The authority for enforcement of the Anti-monopoly Law under the state Council has dealt with a large number of cases involving violation against The Anti-monopoly Law, including the monopoly agreements concerning multinational companies or cases of abuse of dominant market position, and there are many cases related to operator concentration in the multinational companies, which have caused great repercussions at home and abroad. The Anti-monopoly law is an "economic constitution", and its aim is to prevent and restrain monopolistic conducts and protect fair market competition.In order to maintain market competition order, however, the Law is also of necessity to regulate those limiting competitions which happen outside our territory but have adverse impact on our domestic market competition order. Under such circumstance, the extraterritorial application of the Anti-monopoly Laws are implemented.The Anti-monopoly Law shall be applicable when the foreign enterprises eliminate or restrict competition overseas and have negative effects on China's domestic markets. According to sentence 2 in article 2 in China's Anti-monopoly Law, China has the right to implement regulation. This means that The Anti-monopoly Law can be applied outside China.Although our country has established the system of the specialized extraterritorial application of Anti-monopoly Law as well as used the international effect doctrine adopted internationally, the related existing system of the specialized extraterritorial application of Antimonopoly Law in China still has a lot of deficiencies, such as the undefined standards of the applicable law, incomplete procedures due to the deficiency of the time combined with the shortage of the traditions of Anti-monopoly Law.Compared with China, as the earliest country of the world which implements the Antimonopoly Law, the United States has accumulated a large amount of experience in the application of the Anti-monopoly Law, which also represents the highest level of the relevant legislation and practice in the world.At the same time, the system of the specialized extraterritorial application of Anti-monopoly Law of EU has been gradually developed and perfect, which is another model from which our country can learn.This paper, through the statement of the general theories of the extraterritorial application of Anti-monopoly Law and the analysis of the present situation of China, aims to build an effective system of the specialized extraterritorial application of Anti-monopoly Law, protect the proper market competition of our country as well as safeguard the interests of Chinese enterprises and consumers from different aspects, such as perfect legislation, introduce international comity principles combined with strengthen the international cooperation of the enforcement of the Anti-monopoly Law on the basis of the advanced theory and practice in the European and American countries.