Research On The International Cooperation Of Anti-monopoly Law Xtraterritorial Review

As regulating market competition law, the anti-monopoly law can prevent and suppressmonopolistic behavior. With the development of economic globalization, the transnationalmonopolistic behaviours are influenced by the internationalization of the competition and themarket,the transnational monopoly behaviours are daily on the increase, not only bringserious harm to the country’s economy, but also bringt adverse effect to other nationaleconomy. At this time,the interested countries launch antitrust review point to the merger ofenterprises abroad in accordance with the country’s anti-monopoly law.The Chineseanti-monopoly law, enacted in2008,the provisions of Article II stipulate: the anti-monopolylaw applies to exclude the extraterritorial monopolistic behaviour that restrict the Chinesedomestic market competition, clear the extraterritorial application of the effectiveness ofanti-monopoly law. Because of different countries have different antitrust applicationstandards, standard of review,review subjects, bring the difficulties and obstacles to antitrustextraterritorial review.Thus,in the international economic situation of economic globalization，international cooperation in antitrust extraterritorial review are indispensable for regulatingmonopolistic behaviours from business combination beyond the borders.Anti-monopoly lawof Chinese that started lately itself, there is a lot of lack of international cooperation inantitrust extraterritorial review, up from the legislation and law enforcement to furtherimprove.The article is divided into six parts,the part I firstly elaborate the internationalcooperation of anti-monopoly law extraterritorial review’s concept, contents, Legalanalysis;secondly elaborate the concept, form and meaning of international cooperation ofanti-monopoly law extraterritorial review, and establishment of international cooperation ofanti-monopoly extraterritorial review is very meaningful.The part II explain the need of the international cooperation of anti-monopoly lawextraterritorial review in three areas:the different value targets of anti-monopoly law of manycountries around the world the value;the different relevant standards to determine themonopoly; collection evidence and enforcement of awards are very difficult in extraterritorialreview.The part III, part IV and part V is the focus of the article,about representative cooperation in bilateral,regional and multilateral international cooperation mode analysis,adetailed analysis of the cooperation model of bilateral cooperation in the United States and theEuropean Union,major cooperation systems include the information exchange system andsystem of extraterritorial jurisdiction cooperation;in regional cooperation,the EU model ofregional cooperation,NAFTA model of regional cooperation,EPEC model of regionalcooperation as representative,the content of cooperation not only include the proceduralaspects, also include the substantive aspects;the content of multilateral cooperation mostlyfrom the WTO,OECD and ICN, but the content of cooperation mainly is soft law,non-bindingon states,can’t effectively regulate the global restriction of competition.The part VI about the basis of the comparison and analysis of the various modalities ofcooperation,put forward recommendations to Chinese international cooperation ofanti-monopoly law extraterritorial review. Should uphold the principle of equivalence,on thebasis of establishing cooperation should serve national interests and the principles ofindustrial policy,strengthening the bilateral, regional and multilateral cooperation mode.Procedures should not only focus on the procedural content of cooperation, should focus onthe substantive aspects of cooperation,.At the same time, after having complete provisions,weneed a perfect implementation mechanisms,to the legal formulation of effectiveimplementation, and not to non-existent,and jointly safeguard Chinese economic interests andpolitical status, calm, comfortable, positive in the new round of competition.