Research On The Extraterritorial Application Of Anti-monopoly Law

With the development of the economy,the process of globalization is constantly accelerating,the current international competition is becoming more and more intense,and the international trade situation is becoming more and more tense.When Chinese companies conduct foreign trade,they are often judged to be dumping because of good quality and low prices Or a monopoly.The implementation details of the extraterritorial application system of China's anti-monopoly law have been further improved,and judicial practice has been further regulated.However,due to the lack of time experience in the application of antitrust laws outside China,we need to use different legal systems for further improvement."Economic constitution" is another name of anti-monopoly law,which also fully reflects the importance and prominence of anti-monopoly law.Few countries directly refer to the legal department of monopoly behavior as the regulatory object as the anti-monopoly law.The extraterritorial application of monopoly Law means that the domestic market of a country has been greatly impacted by the anti competition behavior outside its own country.If the anti competition behavior is considered as not fulfilling the obligations stipulated by the community law,then the country can legally implement its own monopoly law to deal with the anti competition behavior.In other words,the direct purpose of anti-monopoly law is to protect scientific competition and resist unfair monopoly.As an important part of anti-monopoly law,the application of foreign countries can not only play the role of anti-monopoly law,but also play a very good role in restricting the anti competitive behavior of foreign countries,so as to maintain the stability of domestic market and protect social welfare.The existence of the extraterritorial application of anti-monopoly law can protect the national economic market reasonably and make the domestic economic market develop normally.At the same time,it can effectively avoid the restrictive scheme adopted by foreign enterprises.When domestic enterprises face the increasingly complex and unreasonable monopoly behavior of foreign companies,they can seek advantages and avoid disadvantages.The use of anti-monopoly law must be restricted and reasonable ways should be taken.Otherwise,it will hinder the international trade,cause economic losses to both sides,cause unnecessary problems of national sovereignty,and cause mutual friction between countries.To sum up,the use of monopoly law is a double-edged sword.In the continuous international economic and trade activities,we should constantly explore the rational use and weigh the importance and rationalityThe system of extraterritorial application of anti-monopoly law appeared earlier and germinated in the middle of the 20th century.The United States is its birthplace.The principle of effect originated from the Aloca case in 1945,but it was controversial all over the world at the beginning of its establishment.The issue is whether it violates the sovereignty of other countries.In order to prevent such violations,many countries have established special relevant laws.With the development of time and the deepening of globalization,the loopholes and deficiencies of the system have been constantly corrected.So this system is gradually recognized and accepted by all countries in the world.No matter which country,it must refer to the laws of the United States when making antitrust laws,because the antitrust laws of the United States have a long history and great influence.For the application of anti-monopoly law,its extraterritorial application is also initiated from the United States.However,unlike the civil law system,the establishment of this applicable system mainly depends on the case law of the United States.Therefore,in the field of anti-monopoly,the judge has the discretion to judge or interpret its anti-monopoly law.Therefore,the judge's case law plays an important role in the extraterritorial application of anti-monopoly law.The EU's Extraterritorial Application of the development monopoly law continues the effect principle of the U.S.in this respect,and has been improved accordingly.The court of justice of the European Union has not clearly formulated relevant regulations on extraterritorial application in the field of its anti-monopoly law,while its relevant regulations on extraterritorial application are only mentioned in accordance with the relevant provisions of the Rome treaty,and the provisions in this field are also gradually developed and shaped in the judgment of many specific cases of the court of justice of the European Union.The rapid development of China's economy is inseparable from trade with other countries."Going Global" has become a development strategy for more and more companies.It has set up more subsidiaries or factories outside the region.In response to the national development call,China The role of the economy in the world has become more and more important,and it has become another economic power that cannot be ignored.Even if China's "going out" policy is implemented smoothly,in the process,the extraterritorial application of China's antitrust law still has major deficiencies,and the details are not accurately controlled.Therefore,China's practice in the field of antitrust still exists.Theoretical gaps.Therefore,China is constantly filling vacancies in the field of antitrust law,and can continue to grow in an increasingly competitive world competition system,and can use strong laws to safeguard China's vital interests.Even if there are still gaps in our country's construction in this field,this does not mean that China cannot implement its own system in this field.Therefore,China should keep up with the trend of the times,strengthen cooperation with various countries,and learn from the actual situation.In order to continuously improve our country's system in this field,in order to strengthen the initiative in specific cases,improve the independence of handling cases,and make China's subject status more and more prominent.The problems in China's antitrust extraterritorial application system include incomplete implementation rules,lack of clear principles of effect,lack of international courtesy,excessive government intervention,imbalances in law enforcement,and lack of legal provisions to deal with the abuse of antitrust laws outside the foreign jurisdiction.This article puts forward perfect suggestions,that is,formulating clear implementation rules,formulating clear principles and standards of effects,introducing the principle of international courtesy,clarifying the responsibilities of government departments,unifying law enforcement actions,and formulating clear rules to prevent the abuse of antitrust laws abroad.Through literature research and comparative analysis,this paper summarizes and sorts out the system of extraterritorial application of anti-monopoly law in the United States,Germany and relevant countries and regions of the European Union,and on this basis,determines a unified research theoretical system and establishes a clear research framework.After reading the relevant documents of the foreign anti-monopoly law,this paper summarizes the practical experience of its application,and then draws the relevant enlightenment on how to improve the implementation of the system of extraterritorial use of the anti-monopoly law in China.At the same time,combined with the existing anti-monopoly laws and relevant policies and laws and regulations,it makes the suggestions more applicable based on the national conditions of our country.