Research On Extraterritorial Application System Of Anti-Monopoly Issues In China

The extraterritorial application of anti-monopoly law refers to the monopolistic behavior that occurs overseas as a domestic law,but has an impact on the competition in the relevant domestic market.Because the extraterritorial application system of anti-monopoly law is formulated with the interests of the country as the starting point,it aims to protect the market competition of the country,so it is unavoidable that various countries will have conflicts due to jurisdiction issues during the application process.The United States and the European Union have continuously improved the application of anti-monopoly laws in extraterritorial fields in practice.The United States has restricted the principle of effect through the principle of international comity.The penalties for monopolistic behavior are separately stipulated.Compared with the anti-monopoly law system of the United States and the European Union,my country’s anti-monopoly law still needs to be continuously improved and enriched.In terms of law enforcement,my country’s anti-monopoly law enforcement agencies have improved the efficiency of law enforcement through the integration of departments.From the practice of extraterritorial application of anti-monopoly law,it can be seen that the extraterritorial application of my country’s anti-monopoly law still has deficiencies in legislation and international cooperation,lack of certain restrictions,and it is not known whether its application in the field of anti-monopoly can effectively solve the situation of improper extra-territorial application of foreign anti-monopoly laws under the newly promulgated<Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures>,The international cooperation mechanism is not mature enough.In response to the above problems,the article puts forward corresponding reasonable solutions and situations that need attention:First,in terms of legislation,increase the applicable conditions and clarify the scope of influence.The damage to the legitimate rights and interests of consumers in my country is also regarded as a condition for extraterritorial application,and the impact of "exclusion and restriction of competition" is specified to the "substantial,direct and reasonably foreseeable" impact.Secondly,in terms of the principle of extraterritorial application,the principle of international comity should be used to limit the principle of effect in order to reduce conflicts between countries;when there is a conflict between foreign anti-monopoly laws and my country’s mandatory regulations,the blocking method should be used with caution,and the best possible A defense may be first resorted to the principle of international comity.If it involves my country’s major interests but has an interest in the country that does not grant international comity to Chinese enterprises,consider blocking the improper extraterritorial application of foreign anti-monopoly laws in conjunction with the "Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures".At the same time,the connection with the WTO rules on "specialized subsidies" cannot be ignored.Finally,in terms of international cooperation,it is necessary to continuously strengthen cooperation with countries with close economic ties,replace memorandum of understanding with bilateral agreements,promote the formulation of a unified international anti-monopoly law,and establish an anti-monopoly organization in the Asia-Pacific region.The above measures are used to supplement the deficiencies in the extraterritorial application of my country’s anti-monopoly law,so that the extra-territorial application of my country’s anti-monopoly law can be continuously improved with the development of the economy,better exert it to maintain my country’s market economy,and create a good and fair competition environment to protect the interests of Chinese enterprises and consumers.