The Application Of The Principle Of Comity In Anti-Monopoly International Law Enforcement Cooperation

With the development of globalization,corporate activities are no longer limited to one country;overseas investment and cross-border mergers have been one of the development modes of many companies.Correspondingly,restricting competition inevitably leads to the characteristics of transnational and nationalization.Global competitions impact countries involving jurisdiction over competition behavior,and conflicts arising from anti-monopoly law enforcement sovereignty have gradually entered the international perspective,such as ’vitamin C’ cases and ’XiaoMi interactive digital’cases.The conflicts arising from the sovereignty of anti-monopoly law enforcement put forward new requirements for the extraterritorial application of anti-monopoly law.Under the circumstances of different political and historical backgrounds,if we can not adopt appropriate ways to resolve the conflicts between countries it will make negative effects.The principle of international comity uses a relatively "golden mean" way to solve the conflict of laws which is conducive to building a harmonious and orderly market order,and promotes the stable development of the market economy.The principle of international comity is a vital principle to solve the extraterritorial application of international law.Under the current space-time background,the principle has evolved into an essential basic principle of extraterritorial application of anti-monopoly and has been widely applied.In the United States’ judicial practice,the application of the principle of international comity can ease or even solve the conflict of law enforcement.At present,there are little researches on the international comity principle in anti-monopoly law in China,and the application of the principle in anti-monopoly law enforcement cooperation is even less.Therefore,the author tries to analyze the significance of the international comity principle in the cooperation of anti-monopoly law enforcement and puts forward some suggestions.Firstly,it introduces the case background of vitamin C,the court judgment,the focus of dispute,the connotation,and the development of comity.The connotation and development track of the comity principle are the fundamental problems of the comity principle.Only by understanding these essential parts can we have a deeper understanding of the international comity principle.Therefore,as for its development process,through the analysis of the legislative practice between countries.It shows that the spread and influence of the comity principle in the global scope.It further demonstrates the rationality and necessity of applying the comity principle in the field of anti-monopoly.Secondly,it discusses the applicability to the principle of politics in our country’s anti-monopoly international law enforcement cooperation,including applying the political principles,the need and feasibility of applicable,and the problems existing in the application process.In this part,through the analysis of China’s anti-monopoly law’s reform intention,it is proposed that China’s anti-monopoly law should be more actively involved in the international market competition in the wave of globalization.It has proved the importance of China’s anti-monopoly law enforcement cooperation in the field of law enforcement cooperation.The current international gift principle’s functional status analyzes the situation in the jurisdiction,the trial phase,and the law enforcement phase and points out the underlying shortcomings.Thirdly,based on the analysis above,it discusses how to improve the principles of courtesy in our country,promote good international cooperation,and put forward a relevant response to the relevant issues of non-gift.Due to the rationality and superiority of the principle of courtesy,advocate the provisions of the relevant international politic provisions in our country’s Anti-Monopoly Law,with the excessive jurisdiction of the principle of restriction,and can be able to take advantage of international.Therefore firstly,it must improve the "anti-monopoly law"standards on "effect" to establish direct,significant,and reasonable expectations-also,the"anti-monopoly law" of China,the provisions related to the principle of courtship.Finally,it should refine the principle of comity through specific implementation rules or guidelines and pay more particular attention to the interconnection between different countries.