Empirical Study On International Comity Principle In The Extraterritorial Application Of Antitrust Law

The content of this paper is the principle of international comity in the application system of anti-monopoly law.The principle of international comity is only a criterion for the application of foreign law in international law.In the context of global economic integration,it is translated into anti-monopoly law.An important basic principle and is widely used.However,there are very few studies on the principle of international comity in the anti-monopoly law(hereinafter referred to as the principle of international comity).This paper attempts to explain the formation trajectory and development process of the principle of international comity in a series of cases by means of empirical research.As well as its applicable considerations,at the same time analyze the international comity issues contained in the vitamin C case,and propose the idea of constructing a specific international pledge principle system in China.This paper believes that the formation trajectory and development trend of the international comity principle are the basic issues of the international comity principle.Only by understanding these basic parts can we have a deeper understanding of the principle of international comity.Therefore,for the process of its formation,this paper analyzes the origin of the Taberan case,the basic Mannington Mills case,the Lectra airline case and the Hartford Insurance Company case,and concludes that the principle of international comity has never been By the end,its scope is limited by small and large,and its connotation is also enriched and developed in a series of cases;for the development process of the principle of comity,this paper analyzes the famous McDonnell Boeing merger and related international The politeness proposal and the legislative practice of the principle of comity between the countries specifically show the spread and influence of the principle of comity on a global scale,and further prove the importance and rationality of the principle of international comity in the application of anti-monopoly law.The principle of comity has been used in practice for a long time,but its connotation and application stage have not yet been clarified.Through empirical research,this paper believes that the principle of comity contains at least three meanings,one is self-restraint,the other is active cooperation,and the third is fulfilling compliance.Obligations,while the principle of comity can be applied to the case of filing,trial and enforcement,throughout the case;the vitamin C case is the latest application of the principle of international comity in judicial practice,and it involves China and the United States.The existence of the issue of comity,and proposed that Chinese enterprises break through the anti-monopoly law of other countries on the "effect principle" barriers.Due to the rationality of the principle of comity,this article advocates the provision of relevant international comity clauses in China’s Anti-Monopoly Law,to limit the excessive jurisdiction of the principle of effect,and to a certain extent,to be in line with international standards.First of all,we must improve the standards of "effects" in China’s "Anti-Monopoly Law"-establish direct,major and reasonably expected impacts,and secondly add provisions related to the principle of comity in China’s "Anti-Monopoly Law",and finally pass specific The implementation rules or guidelines refine the principle of positive comity and the principle of negative comity,Of course,it is also necessary to pay special attention to the interconnection between countries.