The Application Of The International Comity Doctrine In The Perspective Of Antimonopoly Law

The antimonopoly law has played a positive role in regulating market orders and protecting consumers' interests as well as the public interests.It maintains the order of market competition by prohibiting monopolies which restrict or disturb market competition.Economic globalization is a dual-edged sword,it brings the economic development and the increasing transnational monopoly.In the aim of protecting their domestic interests,all countries require the extraterritorial effect of their domestic laws to regulate these transnational monopolies,which refers to the extraterritorial effect of domestic laws.The notion of interest balance of comity doctrine consistent with the requirement of constructing a harmonious and peaceful international environment,therefore,it will be an appropriate method to alleviate the conflicts in application of laws.This article tries to elaborate the legal rationale of the comity doctrine by illustrating the history of comity doctrine and analyzing judicial precedents in U.S.The first chapter introduces the Animal Science Proucts,Inc.,The Ranis Company,Inc.v.Hebei Welcome Pharmaceutical Co.,Ltd.,North China Pharmaceutical Group Corporation,and gives a brief analysis of this case.The second chapter is about the history and connotation of comity doctrine and the legislation of antimonopoly in other countries around the world.The third chapter analyzes the basis for the application of comity doctrine when it comes to the extraterritorial effect of the antimonopoly law from the rationality and legal rationale.The last chapter summarizes the legislation of antimonopoly laws and judicial practices in China.Besides,this article proposes that China could take comity doctrine into consideration when comes to the outside validity of domestic law,especially the antimonopoly law.