The Research On The Extraterritorial Jurisdiction Of The Anti-Monopoly Law

The extraterritorial jurisdiction of the anti-monopoly law is defined as,one nation’s application of its anti-monopoly law on the anti-competitionactivities occurring outside of its territory. Along with the furtherglobalization of the economy, anti-monopoly problems become more andmore international. Meanwhile, in the absence of an international modelanti-monopoly law, how to harmonize nations’ extraterritorial jurisdiction ofthe anti-monopoly law become an urgent issue.This paper is aimed to provide suggestions to the Anti-monopoly Law ofthe People’s Republic of China by conducting a comparative study of theUnited States and European Union’s extraterritorial application of theanti-monopoly law regimes, and analyzing the typical conflicts of theextraterritorial jurisdictions and the solutions.Firstly, the paper defines the term of the extraterritorial jurisdiction ofthe anti-monopoly law for the purpose of discussion. It also confirms thevalue of the jurisdiction by discussing the legitimacy and logic behind the jurisdiction.Secondly, the paper also conducted a chronological study of the U.S.common concerning the extraterritorial jurisdiction of the anti-monopoly law.By further collecting the information from the executive branch concerningthe issue, the paper makes a sum of the current extraterritorial jurisdiction ofthe anti-monopoly law regime of the U.S. Because EU’s system resemblesthe U.S. system, the paper then focuses on the distinction between the twosystems. Based on those comparative studies, the paper analyzes the typicalconflicts of the extraterritorial jurisdictions, and then provides usual solutionsto those conflicts.Thirdly, the paper analyzes the current Anti-monopoly Law of thePeople’s Republic of China. Based on the discussions above, the paperprovides suggestions of establishment and development of P.R.C.’sextraterritorial jurisdiction regime of the anti-monopoly law.The paper makes the conclusion that, as the second largest economicentity, P.R.C. shall actively assume its international obligation and participatein making the history of the common international extraterritorial jurisdictionlaw of the anti-monopoly law. This would benefit the global economic andthe stability of the international market. It also would secure P.R.C.’s nationalinterests in the future international anti-monopoly law rules.