Antitrust Jurisdiction System

Anti-monopoly law is the economic monitoring legislation constructed by countries which try to protect their domestic markets'fair and free competitive order at first. It belongs to domestic law system and it should be applied in one country's sovereign territory. With the development of the economic globalization and cross-border trade, the phenomenon of the international anti-competitive activities become more and more, which brings negative impact both on the domestic economic and foreign trade of all the countries in the world. Because there is no uniform law to regulate such anti-competitive activities and the reality that one country can only apply its anti-monopoly law in its own sovereign territory means the country has no effective measures to regulate the anti-competitive activities happened outside but damage its domestic market. So the outcome that one country shall apply its anti-monopoly law to the anti-competitive activities happened outside become the only choice of every country. Anti-monopoly law is the economic monitoring law and has the character of public law. The application of territorial principle is the traditional rules in the public law fields, so whether the application of the effect principle in anti-monopoly fields to practice extraterritorial jurisdiction has sufficient ground in international law fields is the hot topic in the world.The first part of this article starts with the international law's jurisdiction theory, by introducing the basic classification of jurisdiction, especially the history and development of the traditional territorial principle to discuss the origins of anti-monopoly law's extraterritorial jurisdiction, along with the vertical division of the legislative jurisdiction and Judicial Jurisdiction to research the applicable conflict of anti-monopoly law's extraterritorial jurisdiction in the judicial jurisdiction level. The second part of this article introduce the generation and development of anti-monopoly law's extraterritorial jurisdiction by analyzing America and European Union's typical cases, and suggest that it shall be our country's best choice to adopt the combination of America's effect principle and European Union's Implementation principle in different level. The third part of this article put emphasis on the conflict generated by anti-monopoly law's extraterritorial jurisdiction and the resolution. This part will start with measures of the self-discipline, co-operation agreements and multilateral effort adopted by the countries to avoid the conflict of anti-monopoly law's extraterritorial jurisdiction. And it also provides some advice on the perfection of our country's legislation and the reality and future of the outside communication by introducing the legislative and executive experience of the developed countries and analyzing the advantage and disadvantage of every solution. The fourth part gives suggestion on the perfection of our country's anti-monopoly law's extraterritorial jurisdiction on the basis of the conclusion. And it put emphasis on the following two part: 1 How to practice our country's extraterritorial jurisdiction right positively on the basis of the perfection of our country's legislation; 2 Discussing how to react other countries'execution of extraterritorial jurisdiction in practice by analyzing the Vitamin C case and the sintered magnesia case.After serious discussion, our country's anti-monopoly law adopts the effect principle as the basic rules in executing extraterritorial jurisdiction at last, which is not only the reality needs to prevent the negative impact generated by cross-border anti-competitive activities, but also the necessity for our country to response to other countries'expansion of their jurisdiction. How to learn the advanced legislative and executive experience and provide practical suggestion in the context of our country's reality is the urgent issue. We should response initially and act positively to the challenge arise from the economic globalization, taking advantage of the advantage of backwardness of our country's anti-monopoly law, make our country be in an invincible position in the new round international competition.