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The Conflict and Coordination of Exterritorial Effect of Competition Law

Author: YiJingJing
Tutor: ZhangXiaoJun
School: Southwest University of Political Science
Course: International Law
Keywords: Competition Law Extraterritorial effect The effects doctrine Conflict Coordination
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 87
Quote: 0
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Abstract


Established on the basis of in-depth reading comprehension of domestic and international law, international organizations, agreements and related research data, first made a detailed statement of the extraterritorial application of competition law and its basic theory effect principles. Obtained by analyzing the consequences summarized the extraterritorial application of competition law conflicts, coordination of the urgency the conclusion of the conflict. The aforementioned theory based on to take comparative analysis method, the advantages and disadvantages of bilateral coordination and multilateral coordination and regional coordination and features one by one analysis, reached the regional coordination is more suitable for today's international situation, for developing countries and The small country's economic development role in the larger conclusions. Continuous close contact of the world economy, many countries in order to protect their own interests, to the provisions of national competition law extraterritorial own national law applicable outside our borders. The conflict caused by the extraterritorial application of competition law and the extraterritorial application is the first reason and theoretical basis of this study, so in the first part and the second part introduces the extraterritorial effect, the effect of the principle of extraterritorial effect caused by the conflict. Summarized at the end of the second part, the consequences of the conflict of the extraterritorial application of the need for coordination of conflict. In the third part, I made bilateral coordination through the analysis of a large number of related information introduced. Special focus on bilateral coordination between the EU and the United States in order to strengthen the reliability of the analysis, eleven broad. And the aforementioned theory on the basis of bilateral coordination to make an overall evaluation. The fourth part of the multilateral coordination. Obtained on the basis of introduction of multilateral coordination overview and analysis of the multilateral coordination practice the status quo in the WTO, OECD and the United Nations under the three frameworks, the strengths and weaknesses of the multilateral coordination, and well below the comparative analysis foreshadowing. The fifth part is the focus of this article discusses, based on other relevant research data on regional coordination elaborate, glittering in the EU, OECD and NAFTA to them all, and ultimately get the status of a regional agreement is more suitable for the international situation conclusion. Depth analysis of the advantages of regional agreements, especially standing on the point of view of developing countries and small countries. In the last part of the conclusion, by the overall comparative analysis of the three ways of bilateral coordination and multilateral coordination and regional coordination, reaffirmed the conclusion of regional agreements is more suitable for today's international status. In the future economic development and international cooperation, multilateral coordination will become the most important coordination and regional agreements is of great significance for the future establishment of a multilateral coordination system is multi-coordination indispensable stepping stone.

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