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The Research Of Extraterritorial Application Of Anti-monopoly Law

Posted on:2018-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:S R XuFull Text:PDF
GTID:2416330536975149Subject:international law
Abstract/Summary:PDF Full Text Request
The extraterritorial application of anti-monopoly law stipulated in the second provisions of China's "anti-monopoly law",the provisions conform to the trend of the international anti-monopoly legislation,it is conducive to promoting the healthy development of China's market competition order and safeguarding China's economic interests.With the world economic integration,especially the blowout of mergers and acquisitions of transnational enterprises,transnational monopoly behavior is growing rapidly.However,China's provisions of the extraterritorial application are too vague and general,lack of specific entity system contents and corresponding program measures.Therefore,it is necessary to perfect the system,so as to better regulate the market competition policy of our country and safeguard the economic interests of our country.The article is divided into five parts.The first chapter introduces the main content.It mainly includes three aspects.The second chapter introduces the United States,Germany and the European Union anti-monopoly law extraterritorial application system,focusing on the United States several influential cases,such as Alcoa,Timberlane Lumber,Hartfort Fire and Empagran.The third chapter mainly talks about the conflict and coordination mechanism.From the present point of view,the methods and approaches of cooperation and coordination include two aspects: the coordination of domestic law and international law.The fourth chapter mainly talks about the present situation and analysis in china.This chapter mainly introduces the basic legal framework of the system,the development process in our country,analysis of the defect etc..The fifth chapter mainly discusses the measures to perfect the system.This paper puts forward some suggestions and opinions on the extraterritorial application of anti-monopoly law in China from the aspects of substantive legislation,procedural legislation,the formulation of the anti blocking provisions and the strengthening of international cooperation of extraterritorial application of anti-monopoly law.
Keywords/Search Tags:Antimonopoly law, Extraterritorial applicable antitrust law system, Jurisdiction conflicts, International comity principle
PDF Full Text Request
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