From "BHP Billiton&Rio Tinto" Joint Case See The Improvement Of Our Country Antitrust Law’s System Of Extraterritorial Application

With the advance of economic globalization, the world’s economic ties are growing closer, and the gradual integration of national markets, the global market has emerged in many large enterprises dominate the global market power, monopolization of the market also began to break the boundaries of one country. In the context of global economic integration accelerated in order to obtain a dominant position in the global market competition, mergers and acquisitions forms of cooperation may well be accelerated to obtain dominate the global market, the strength of the convenience and quick way by the behavior of corporate mergers and acquisitions, monopoly The impact started to break the boundaries of one country and spread to other countries. When the influence of monopolistic behavior in a country other than the spread to the national country will need to use legal weapons to block the adverse effects of such monopolistic behavior on the domestic market. In the case of the introduction of the international anti-trust in the foreseeable future, the US-led market economy country has given to the effectiveness of the extraterritorial application of national anti-monopoly law, this national legal regulation of his country’s economic behavior "outrageous" approach caused some controversy numerous, but it is no choice. Antimonopoly Law also been given the effectiveness of the extraterritorial application, however the rough outline of the design, making China’s anti-monopoly during the extraterritorial application of the so far been ineffective."BHP Billiton&Rio Tinto" joint case issued by the Antimonopoly Law to take effect after the encounter with the need to formally apply to a typical case of monopoly Law system. from our joint venture case of "BHP Billiton&Rio Tinto" response and review process to see China’s anti-monopoly law system of extraterritorial application of the existence of many problems, such as relevant laws and regulations needs to be improved, extraterritorial jurisdiction conflicts, to start the reporting process less standardized. Review to deal with the case, this may well be time we learned from experience to improve the opportunity of China’s anti-monopoly law extraterritorial application of the system. I put forward for the problems of China’s anti-monopoly law system of extraterritorial application of the four superficial recommendations to improve the Antimonopoly Law of the extraterritorial application of the system, namely to improve the anti-monopoly legislation, standardize reporting procedures, and improve bilateral and multilateral coordination mechanisms and improve the anti-monopoly law to implement systems. Through the above analysis, in order to promote the gradual improvement of China’s anti-monopoly law extraterritorial application system to protect China’s market economic order and stability.