The Effects Doctrine And Its Significance To The Extraterritorial Application Of Antitrust Law

Antitrust law in its development process,for a considerable period of time is mainly used by countries to control domestic restrictions on competition behavior.After the the 1980s,economic globalization brought about the rapid development of multinational corporations,so that restricting competition can break through a country's borders and bring about worldwide influence.Countries have begun to revisit the scope of the effectiveness of antitrust laws to ensure that domestic competition order can still be effectively protected in global competition.In its judicial practice,the United States took the lead in breaking through the traditional territoriality principle and personal principle of international law,and created the effects doctrine.Countries followed,successively accepting the effects doctrine in a written or unwritten manner.Soon,the effects doctrine created conflicts in various areas of extraterritorial jurisdiction of antitrust law Law.The effects doctrine needs to be developed urgently.Through the continuous enrichment of judicial jurisprudence,the United States has restricted and refined the effects doctrine,supplemented by special provisions in the litigation procedure,and then successively put forward the "jurisdictional rule of reason" and "comity principle" and so on.In the academic circles,the development and application of the American effects doctrine have been combed repeatedly,and summed up:a country hopes to unilaterally control the restriction competition with cross-border influence through anti-monopoly law,which has many difficulties in theory and practice,and has to finally go to international cooperation.This seems to have become the usual path for research on the extraterritorial application of antitrust laws.In absorbing the principle of drawing lessons,Germany has seen the dilemma of the United States,combined with the tradition of the civil law system,Germany in the effects doctrine,more for the principle of effect in the international community has been generally accepted by the principles of international law to find support,and constantly strive to the effects doctrine in line with the principles of international law interpretation and refinement.Through the "meaningful connection point" to open up domestic law and international law,from the "effect" to achieve the application of domestic law to foreign behavior.The efforts to create complex international conflicts brought about by the principle of circumvention are also manifested in the interpretation of the "effect",which is only the fact that the factual,direct,perceptible and foreseeable effects are considered to have effects on the domestic market by foreign restrictions on competition,when the effects doctrine is activated and the scope of application of GWB was expanded.The urgent realistic demand,the similar system of law system and the similar reform idea make the beneficial experience of the development of German effects doctrine have important reference significance for the law enforcement and judicial practice of anti-monopoly law in our country,as well as the perfection of the deep supporting system.Therefore,this paper selects the effects doctrine of the unique GWB as the research object,makes use of the opportunity of training in Germany,based on the first-hand information of German legislation,theory and judicature,probes into the German system in depth,in order to maintain the domestic competition order for our country in the increasingly fierce international market competition.At the same time,we should provide some ideas and enlightenment for the extraterritorial application of anti-monopoly law in other countries.First of all,in the introduction part,this paper focuses on the dual needs of China's anti-monopoly law in deepening market economy reform and more active participation in international market competition,and points out the importance of the effects doctrine to the extraterritorial application of anti-monopoly law in China,and puts forward the boundary of the effects doctrine.The second part analyzes in detail the premise and limitation of the effects doctrine in international law,combined with the current hot case combing effects doctrine in the international conflict development trend.The third part of this paper,based on the German law against restricting competition,analyzes the utility mechanism of the effects doctrine in the law,and then summarizes the core content of the effects doctrine in German law through the study of its development context.Then the next part,starting from the effects doctrine of anti-monopoly law in our country,studies the legislation,law enforcement and judicial practice respectively,and points out the existing shortcomings.Finally,based on the analysis of the previous part,this paper tries to answer the realistic problems in the process of localization of the effects doctrine with the German experience,and points out the direction in the future.