The Perfection In China On International Cooperation Mechanism Of Anti-trust Law Extraterritorial Execution

The trend of integration in worldwide trade gradually compromises various countries and regions. The traditionally separated markets in domestic and overseas have became evolved into a unified global market by transnational business with international competition. Generally speaking, the anti-trust law as macro-control means should adhere to the strict territoriality, but the absence of unified international anti-trust rules inevitably makes the countries have to seek extraterritorial application basis of their own anti monopoly law. After the application how do we carry out the relevant review of foreign anti-monopoly behavior, investigation or evidence collection, and coordinate the enforcement of consequent jurisdiction and litigation conflict, it becomes the heavy and difficult points. Chinese anti-trust law itself started late with immature development. The international cooperation frequently present drawbacks and shortcomings in facing extraterritorial enforcement of the anti-trust law, it needs to be further improved in our country’s legislation and cooperation mechanism.This article is divided into five parts as follow.The first part recommends extraterritorial enforcement of main cooperation mode in our country and exposes many problems in the practice of existing mode: limited model, not broad range, unidentified cooperation subject, imperfect substantive law and procedural rules in the implementation of the cooperation.The second part describes the jurisdiction of the anti-trust law implementation in international community, as well as the international coordination model with a brief introduction to the contents of bilateral, multilateral and regional cooperation.The third part brings the important business case-- "Two Extension"(abbreviation for Rio and BHP)as breakthrough point, exposing flaws and shortcomings of overseas enforcement system in the practice, that proposed to provide guidance for improvement suggestions.The fourth part is representative on cooperation mode of the United States and the European Union with bilateral, multilateral, regional ones. The bilateral cooperation system mainly include information exchangement, extraterritorial jurisdiction cooperation. Regional ones in the EU, NAFTA and APEC cooperation modes contain the content involved two aspects of entity and procedure. The current multilateral cooperation is mainly made by WTO, but the content is soft law, which does not have a mandatory binding to all countries in the world. So it is unable to effectively regulate the global monopoly act.The fifth part proposes suggestions to improve cooperation in the execution of China’s anti-trust law domain on the basis of advantages and disadvantages analysis in cooperation mode, We learn mature cooperation mechanism and domestic legislation from developed countries like Europe and the United States, for progress in both entity and procedure.