Research On The Extraterritorial Application Of The US Antitrust Law

Under the tide of economic globalization,the economic exchanges between countries are more frequent and complicated than before,and together constitute a large market for global economic integration.Multinational operators have long been commonplace,and their restrictions on competition are likely to affect a country’s domestic economic market.In order to safeguard domestic interests,countries have followed the example of the United States and established their own Antitrust Law application system.As the birthplace of modern Antitrust Law,the United States is also the first country in the world to establish an extraterritorial application system in its Antitrust Law.It has relatively complete and advanced systems and concepts.China passed the Antitrust Law in 2007,and in Article 2,China’s Antitrust Law has extraterritorial application effect.However,China’s Antitrust Law legislation has started late and its practical experience is still incomplete.There are some problems in legislation,law enforcement and justice.This paper takes the US Antitrust Law application system as the research object,analyzes its development status since its birth,and puts forward some suggestions on the existing shortcomings.The main contents of each part of the paper are as follows: The first part outlines the US Antitrust Law application system.The US Antitrust Law system,the effects doctrine in the Alcoa case,and the legal basis applicable to the Antitrust Law were discussed separately.The second part discusses the conflicts arising from the application of the US Antitrust Law.The causes of the conflict,such as the national interest and the nature of the Antitrust Law,are analyzed,and the performance of the conflict in legislation,justice,and law enforcement is studied.The third part analyzes the positive significance of the international comity principle through the evolution of the international comity principle in the domestic legislation,the judicial system,and the development in international cooperation.The fourth part puts forward some suggestions on the shortcomings existing in China.This paper puts forward corresponding solutions and suggestions based on the current domestic legislation and the international cooperation in the field of Antitrust Law.