The Extraterritorial Application Of Competition Law And The Legislation Of China

With the development of economic globalization and international trade, transnational monopoly has done damage to the market order. To prevent domestic economy and market, the extraterritorial application of competition law emerged.A comparative study on the relevant practices of U.S, EU and other countries shows that they always conflict with each others because of the extraterritorial application of competition law. The rules and principles, such as Effect Doctrine, Single Economic Unit, Jurisdictional Rule of Reason and so on, on which the extraterritorial application of competition law is based have their own supporters because each has his strong point. To resolve the conflict of the extraterritorial application of competition law, many countries and organizations have being making an effort in harmony by means of domestic law harmony, bilateral agreements and multilateral agreements. However, the expected purpose hasn't been achieved. With a lot of objective and subjective reasons, it's a long term for us to resolve the problem.By analyzing the existing phenomena and problems, author tables a proposal in the legislation about the extraterritorial application of competition law. It's better for China to adopt the experiences of other countries and organizations and refer to the conditions in China. We should put more effort into establishing the system of the extraterritorial application of competition law and participate in the international cooperation. The paper has three parts:The first chapter is the compare and analysis of the extraterritorial application of competition law. This part focuses on the background of the extraterritorial application of competition law and the conflict of the extraterritorial application of competition law.The second chapter analyzes the theories and practices referred to the extraterritorial application of competition law in some countries, areas and international treaties. By comparing the theories and practices, the author takes apart the advantages and disadvantages of them. Then this part introduces and comments on the methods how to harmonize the extraterritorial application of competition law of each country.The third chapter puts forward the suggestion of how to establishing the system of the extraterritorial application of competition law of China. The author assumes the rules and terms of it. At the same time, this chapter elaborates on the countermeasures against establishing the system of the extraterritorial application of competition law overseas.