Research On The Regulation Of The Extraterritorial Application Of Anti-monopoly Law From The Perspective Of Sino-us Trade Friction

Since China’s entry into the WTO,bilateral trade problems between China and the United States have never ceased,and the economic and trade relations between the two countries have been escalating,the most obvious manifestation of which is the sharp rise in the number of anti-monopoly lawsuits between China and the United States.With the continuous improvement of Chinese enterprises’ competitiveness and activity in the international trade market,there are serious and complex challenges in the anti-monopoly litigation in China and the United States.It has become the key to study and perfect the extraterritorial application of anti-monopoly law.As early as more than 100 years ago,the United States has promulgated the anti-monopoly law,which has become the first anti-monopoly extra-territorial application of the law.The United States has made quite mature research results and countermeasures in anti-monopoly extra-territorial application.At the same time,since the promulgation and implementation of China’s Anti-Monopoly Law in 2008,although it has only experienced a short development process of more than ten years,it has successfully become one of the world’s three most important countries(regions)to implement the anti-monopoly law.According to the clear provisions of China’s Anti-Monopoly Law,"this law applies to foreign monopolistic acts that exclude or restrict competition in the domestic market." This indicates that the Anti-Monopoly Law is not only applicable to monopoly behavior within China,but also applicable to the regulation of overseas monopoly behavior,which lays a solid legal foundation for the extra-territorial application of China’s Anti-Monopoly Law.However in the present international antitrust law,political,and economic issues such as the contradiction of increasingly complicated background,"anti-monopoly law" outside of China apply the principle of the effects of suitable standard fuzzy,lack of international comity principles of these problems and short board increasingly hinders the development of China’s economic and trade in the world,lost the initiative in game china-us economic and trade relations and voice.So it is necessary to start from a classic case of the sino-us trade friction in recent years,to the United States antitrust law shall be applicable to the outside experience and principle for reference and study,the specific application of internal clear effect standards,strengthen international antitrust law enforcement cooperation,force from multiple aspects unceasingly consummates our country anti-monopoly law shall be applicable to the outside of the defects,at the same time play a trade association of the early warning mechanism,improve the responding strategy of enterprises,in order to construct with the special national conditions in our country anti-monopoly law shall be applicable to the outside system,the maximum of the interest of the enterprises in our country and our country market order of fair competition.