The Perfection Of Extraterritorial Application System Of Anti-monopoly Law And The International Cooperation In China

The extraterritorial application system of anti-monopoly Law is the product of economic globalization,which means that the behavior of foreign operators has an impact on the market competition of a country,and the country has the right to use its own domestic law to carry out the system of trial and enforcement.While the extraterritorial application system of anti-monopoly Law is beneficial to the protection of domestic market competition,it is difficult to avoid the problems of jurisdiction and national conflict of interest,as well as the problems of taking evidence and implementing obstacles.Throughout history,the United States and the European Union have addressed these issues by adopting restrictions on their own jurisdiction,as well as by means of international cooperation.In China,there are many places in the extraterritorial application of legislation and international cooperation in anti-monopoly law which are still not conducive to the solution of the problem,and the legislative problems are embodied in: the principle of "exclusion and restriction of competition" as an extraterritorial application standard of anti The main problems in international cooperation are as follows: the depth of bilateral cooperation is not enough,the way of regional cooperation has not yet been determined,and the position of multilateral cooperation on our country has not been shown.In view of the above twoaspects,the study proposes the following solutions: the legislative aspect should be directly based on the criteria of "direct,substantive and predictable",the initial examination should provide the necessary materials,the principle of the same economy should be the primary principle,and in the aspect of international cooperation,the cooperation of monopoly agreements on bilateral cooperation should seek deeper cooperation;Cooperation in monopolistic agreements for regional cooperation may be based on binding forms of cooperation,concentration of operators of regional cooperation,cooperation in the search for abuse,and more relaxed cooperation;Multilateral cooperation clarifies the position of our country’s participation in multilateral cooperation and seeks special treatment for developing countries.In order to solve the problem of the extraterritorial application system and international cooperation of China’s anti-monopoly law,we can make our country’s anti-monopoly law play a better role and create a better international environment for the development of Chinese enterprises and economy.