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Research On The Application System Of China's Anti-monopoly Law

Posted on:2020-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:M ChengFull Text:PDF
GTID:2416330590982353Subject:Law
Abstract/Summary:PDF Full Text Request
Legal activities are often closely related to a country's economic,cultural,and social ideas.In particular,the Anti-Monopoly Law is a law that involves the market competition order,the country's economic development,and international trade,which occupies a basic legal status in the market economy.In recent years,due to the increase of international cartels,cross-border mergers and acquisitions and other trade disputes,as well as the concept of“destiny community” and “Belt and Road” advocated by China,the extraterritorial application system of anti-monopoly law has once again become a hot spot of concern.China's Anti-Monopoly Law has been in existence for 10 years since it was promulgated in2008.The second article of the law clearly stipulates that China's Anti-Monopoly Law applies not only to monopolistic behaviors in China's territory,but also to monopolistic behaviors that occur outside China's territory but have a restrictive effect on China's domestic market competition.This regulation has played an important role in avoiding international restrictions on competition and protecting the competition order in the domestic market.However,I have to admit that China's anti-monopoly law still has many shortcomings in the application of specific cases.The relevant implementation rules have not yet been established,and the specific principles have not yet been clarified.Therefore,it is necessary to start from the current situation of the rules of the anti-monopoly law application system,analyze the problems existing in the anti-monopoly law application system and the difficulties in the process of perfection,and finally clarify the legislative thinking and strengthen multilateral and bilateral cooperation at the international level.The domestic level is perfected from the establishment of the implementation rules of the anti-monopoly law,the application of the standard of effective principles,and the introduction of international comity and other restrictive principles,in order to create an anti-monopoly law application system in line with China's national conditions,better Maintaining a fair and orderly market competition environment in China.
Keywords/Search Tags:Antitrust law, extraterritorial application, effect principle, international comity principle
PDF Full Text Request
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