Perfecting Our Country's Extraterritorial Application Policy Of Anti-monopoly Law

Frequent economic interaction has promoted the expansion of world market contact scope between country.The expansion of world market contact scope also impels the area of collaboration of enterprise between country broad further.Under this good economic setting,the enterprise of types such as trans-corporation arises at the historic moment.Yet its competition that grows in intensity has also aggravated the evil of relevant market monopolization to tendency.During this,for tackling this competition,reach strategic alliance between enterprise in a variety of forms,as carry out CB-M&A,sign international Cartel agreement,the behavior of the restricted market of emerging in an endless stream in addition competition as:export cartel,operator concentrate etc.These have destroyed market order greatly.So for addressing the above problem,improving the overseas suitable system of anti-monopoly law becomes the task of top priority.The overseas anti-monopoly law that refers to a country that is suitable for of so-called anti-monopoly law plays a role outside the field home.The object that is suitable for mainly is that those occur in outside the national field,but can produce the monopolization of substantial effect or the behavior of restriction competition to the competition of this country.In 2008;China has issued the "Law on Anti-Monopoly" and has implemented so far;This law solves the overseas where applicable of anti-monopoly law and mainly adopted this single principle of principle of effect,obviously,is the antitrust problem that can't solve present more sophisticated only according to this principle.In addition,the rough pattern in the legislation is suitable for for the anti-monopoly law of China is overseas concrete operation measure is provided,and then causes in practice that the anti-monopoly law of China is difficult to bring into play due effect.And;There are a plurality of antitrust law enforcement agencies in our country;Efficient is lower,also have to lack with foreign country to sign cooperation agreement etc.,these in many ways factor caused the anti-monopoly law of China to be difficult to bring into play due effect,be difficult to solve the practical problem in the economic competition.Also have,the overseas suitable system of anti-monopoly law does not also have concrete balance when and how to go the standard of implementing in the world,thus can interfere legislation,the administration of justice,the law enforcement of other country unavoidably when implementing,thus derive the more difficulty of carrying out.Certainly;China is from issuing this law just only 8 years so far;And corresponding auxiliary law imperfection,overseas law enforcement is the elementary step also,has safeguarded China enterprise status in the world to a great extent but China implements the overseas suitable system of anti-monopoly law firmly.The anti-competitive practice of simultaneously other country being implemented has good reply.Can find out that through some temporary provisions of Department of Commerce's appearance in recent years China does not also completely forbid the merger behavior that foreign enterprise exerts an influence to the competition effect so far;That is to say that China is not that very undue external merger behavior does not obstruct to those,all is through ratifying after the additional conditions generally speaking.Utilize the constraint of additional conditions,let it not produce the market order that monopolization perhaps damages China in China market.In view of this,developing and enrich the overseas suitable system of anti-monopoly law,is very necessary.For this reason,we not only will improve legislation and implement enforcement,also will strengthen the actively initiative of comity,and conflict is carried out in number of ways solution.The writing purpose of this paper is in order to solve the awkward predicament of this system at present;Advanced solution in obstacle through the overseas suitable system of labor anti-monopoly law itself and the practice;In conjunction with the problem of the overseas suitable system of China's anti-monopoly law in legislation,the administration of justice,law enforcement;Proposition is fundamentally removed the overseas suitable system of China's anti-monopoly law then and be suitable for obstacle in actual life from legislation angle perfect corresponding laws and regulations rules,coordinate administration and prepare the concrete measure of aspects such as setting up independently antitrust law enforcement agency and strengthen international cooperation from the law enforcement angle from judicial angle.