Research On Extraterritorial Effect Of Anti-monopoly Law In China

Since the implementation of the anti-monopoly law,anti-monopoly law enforcement agencies have made great efforts and accumulated a lot of valuable experience in law enforcement practice.However,as China continues to develop,it faces more and more challenges and arduous tasks.China’s anti-monopoly law has also exposed some problems in its application abroad.Such as:Article 2 of China’s anti-monopoly law clearly gives the anti-monopoly with extraterritorial effect.As an economic constitution,the anti-monopoly law has the nature of public law and plays a huge role in maintaining domestic market competition.Compared with developed countries,the provisions of China‘’s anti-monopoly law on extraterritorial effect are too principled,and the scope of extraterritorial jurisdiction is expanded,which may easily lead to looser law enforcement discretion of anti-monopoly law enforcement personnel,and even national conflicts in handling foreign-related cases.As the first country to implement the extraterritorial effect system of antitrust law,the United States was resisted and criticized by many countries in the world because of its wide scope of extraterritorial effect.Afterwards,the anti-trust law continuously restricted the extraterritorial jurisdiction of the United States and introduced the principle of effect and the principle of international comity.The conditions applicable in the principle are also made clear and specific.Therefore,in order to face the complex international economic situation,China should not only learn from the experience of the United States and other developed countries to improve the substantive law related to anti-monopoly extraterritorial effect,but also pay more attention to the system improvement from the aspects of private international law,international law,namely conflict norms and international cooperation.This paper is divided into four parts.The first chapter mainly introduces the basic issues of extraterritorial effect of anti-monopoly law.Including the meaning of extraterritorial effect of anti-monopoly law,core legal issues,background and basis ofinternational laws.Chapter two will introduce the related law issues to conduct jurisprudence analysis start with case Bayer’s acquisition of Monsanto and case the anti-monopoly enforcement authority banned P3 concentration of undertakings to find out the deficiencies exist in the practice of law enforcement of the anti-monopoly enforcement agency and make comments on the situation of effect of principle and international comity principle applied in extraterritorial practice in China.The fourth chapter will analyze the present situation of extraterritorial effect system of anti-monopoly law in China,which will make a foundation for putting forward some suggestions to improve the extraterritorial effect system of anti-monopoly law in China.For instance,China ’ s anti-monopoly law needs to introduce the principle of international comity,and limits the application of the principle of effect,for example take "direct” and “significant" as standard.It is urgent to introduce selective conflict norms to replace the current unilateral conflict norms to provide space for the application of foreign law.In the international community,it is necessary to strengthen the signing of anti-monopoly agreements and treaties with other countries to safeguard national interests.