| With the deepening of economic globalization,the impact of monopolistic behavior has broken through the geographical restrictions,no longer limited to one country,in order to protect their own market economic order and national interests,countries have begun to give their anti-monopoly laws extraterritorial effects,China is no exception.China’s Anti-Monopoly Law adopts the effect principle commonly used in all countries in the world as the extraterritorial application and theoretical basis for anti-monopoly law,but in view of the fact that the effect principle itself is more of a principled description,and does not provide a method of restricting the effect principle,resulting in its boundary being relatively blurred,and the unilateral color of the effect principle makes it easier to be abused and reduced to a tool of hegemonism and unilateralism;In addition,China’s legislation is relatively late,the extraterritorial application system of anti-monopoly law is not yet mature,the application experience of the effect principle is insufficient,and there is also a lack of relevant supporting laws,regulations and jurisprudence to refine and restrict the effect principle.Therefore,the localization of the effect principle in China is not perfect,and many problems need to be solved.This paper analyzes the problems of the effect principle itself and its current situation in China,and summarizes the dilemmas faced by China in the process of localization of the effect principle,such as blurred boundaries,international conflicts,and difficulties and inadequacies of international cooperation.Then,from the perspectives of unilateral coordination mode and international cooperation and coordination,the effect principle limitation and conflict coordination mode that can be selected by China are analyzed,and the advantages and disadvantages of the two major types of coordination methods are summarized;Finally,from the two aspects of the standard of extraterritorial application of anti-monopoly law and the improvement of international cooperation,the suggestions for improving the localization of the principle of extraterritorial application effect of anti-monopoly law in China are summarized.The purpose of improving the principle of effect is to protect China’s market economic order and national interests from infringement by overseas monopolistic acts,and the factors affecting the effective regulation of overseas monopolistic acts mainly lie in two points,one is whether the criteria for the extraterritorial application basis of anti-monopoly law are clear,specific and operable,and whether the application of the principle of effect in specific cases is simple and easy to operate,in addition,unclear extraterritorial application standards are more likely to trigger conflicts between countries;Second,due to the unilateral nature of the principle of effect itself and the localization of the interests protected by the anti-monopoly law,various international conflicts will inevitably occur in the process of extraterritorial application of anti-monopoly law,which on the one hand will intensify the contradictions between countries and affect international relations,on the other hand,monopoly behavior cannot be effectively regulated due to confrontation between countries.Therefore,the improvement of the effect principle should start from two aspects,first of all,the improvement of extraterritorial application standards,increase the operability of the effect principle,and reduce the conflict of jurisdiction to a certain extent;Secondly,the fundamental resolution of international conflicts should ultimately resort to effective international cooperation,so the perfection of international cooperation is also an indispensable part of the process of localization of the principle of effect. |
