Research On The Principle Of International Comity In The Extraterritorial Application Of U.S. Antitrust Law

In recent years,with the rapid development of global economic integration,the links between countries have become closer and closer,and the resulting disputes and contradictions have become more diverse,and the extraterritorial application of a country’s laws has become increasingly common,with the United States as a typical representative,and its domestic extraterritorial application of anti-monopoly laws has affected countries around the world.This paper takes the US Antitrust Law as the starting point to analyze the judicial practice of the principle of international comity in the extraterritorial application of the US antitrust law,and then discusses the countermeasures that China can take.International comity refers to the principle that when handling transnational cases,the courts of a country consider the laws and practices of other countries while applying their own laws,and avoid interference and conflicts with the laws and sovereignty of other countries in accordance with international consensus and the principle of justice.In U.S.antitrust law,international comity has gone through multiple stages,from early complete exclusion to recognition of its existence and value,and giving full play to it in law and judicial practice.The formation and development of this principle has a long history,dating back to the doctrine of the European school of international law in the 18 th century.In the early 20 th century,with the expansion of international trade and the strengthening of international cooperation,the principle of international comity was more widely recognized and applied.Especially after World War II,the international community began to attach importance to the development and application of international law,and the principle of international comity was written into a number of international legal instruments.In the field of US antitrust law,the principle of international comity has also been widely used and further developed.The development of the principle of international comity in U.S.antitrust law has gone through three stages: exclusion,limited acceptance,and positive application.In the exclusion phase,U.S.courts held that only U.S.law applied to domestic acts in the United States and did not recognize foreign law.In the limited acceptance phase,U.S.courts began to recognize the existence and necessity of international comity,but its scope and boundaries were not clear.In the active application stage,the United States courts have been more active in applying the principle of international comity,carefully considering the laws and practices of other countries in order to achieve the harmonization and unification of international law.Its main functions include: first,to mitigate jurisdictional conflicts and ensure the coordination and consistency of international laws;The second is to balance interests,respect the sovereignty and legal systems of other countries,maintain peace and stability of the international community,play a balanced and fair role in international exchanges and trade,and promote international cooperation and mutual benefit.In the judicial practice applicable outside the US antimonopoly law,it is necessary to clarify the difference between the application of the principle of international comity and the principle of foreign sovereignty coercion,determine the conditions and standards for the identification and application of foreign law,the interaction between the principle of discovery effect and the principle of international comity,and the consideration of political factors.This study will be divided into five parts.The first part is the introduction,which introduces the research background,significance,research purpose,research methods and research content of this paper.The second part is the formation and development of the principle of international comity,which discusses the evolution and development trend of the principle of international comity from the perspective of international law and US antitrust law.The third part is the role of the principle of international comity in US antitrust law,focusing on the practical application and role of the principle of international comity in the application of US antitrust law to foreign enterprises.The fourth part is the application of the principle of international comity in American judicial practice,and a comparative study of different application situations.The fifth part is the conclusion and outlook,summarizing the main findings of the study and proposing measures and methods that can be taken in the future.