On The Extraterritorial Application Of The Antimonopoly Law

In the context of economic globalization,a business is likely to production line in China, and computer engineers in India to recruit managers around the world participate in the operation, and sales around the world. With economic globalization, international competition also produced. With the advance of globalization, transnational mergers and acquisitions into a high-fat period. China's enterprises in the acquisition of his country's enterprises, often victims of antitrust investigations in other countries. Meanwhile, China's anti-monopoly law is also charged with those who undermine the restrictions of competition order of foreign competition, especially competition for limited regulation of the mission effectively.Many countries and regions all contain the extraterritorial application of antitrust provisions.In the wave of mergers and acquisitions, China's legislators and legal experts also noted the need for the implementation of extraterritorial application. Anti-monopoly law is passed at August 30,2007, article 2 of China's Antimonopoly Law has extraterritorial effect. However, the extraterritorial application of the law built on a specific system is not perfect, and to some extent, operability is not strong. Therefore, the article to the extraterritorial application of antitrust laws the formation of the main line system, extraterritorial application of foreign legislation and judicial practice and the extraterritorial application of processes of conflict and solutions were compared, in this based on the sound system of monopoly Law in China made a number of recommendations.In addition to the introduction and conclusion, the paper is divided into four parts:Partâ… :general theory of extraterritorial application of antitrust laws. First, the extraterritorial application of the law was discrimination, then the origin of the extraterritorial application of antitrust laws, incentives, and the essence was introduced.Partâ…¡:Extraterritorial application of foreign antitrust legislation and practice were studied. I have studied the United States, European Union, Germany and other developed countries and regions, the extraterritorial application of antitrust laws, and analyze some of the classic cases, would be beneficial to our country.Partâ…¢:the extraterritorial application of antitrust laws conflict and its solution. I analyzed the conflict in the performance of the extraterritorial application of antitrust laws, the causes of conflict and solutions. Extraterritorial application of antitrust laws conflict solution methods are unilateral, bilateral treaties and multilateral treaties. Can find the current best solution of bilateral treaties, agreements which we can learn from the U.S. and Europe.Part IV:the antimonopoly law in China for the application of foreignfiction system. This section mainly on the current implementation of the extraterritorial application of antitrust laws based on, start the program, implementing agencies are described and how to improve the relevant system to do some study. Then, on the extraterritorial application of international cooperation in antitrust terms of achievements and international cooperation to promote the efforts of anti-monopoly law is introduced.