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Extraterritorial application of U.S. antitrust laws

Author: XueZuo
Tutor: XuanZengYi
School: China University of Political Science
Course: International law
Keywords: Anti-monopoly law extraterritorial jurisdiction Effects doctrine The principle of reasonable jurisdiction
CLC: DD912.29
Type: Master's thesis
Year: 2010
Downloads: 190
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Abstract

Both the first issued by the countries of the modern written anti-monopoly law, was also the first to establish the system of monopoly Law countries, Therefore, the study of U.S. antitrust laws the principle of extraterritorial application, as well as the monopoly Law of the United States applicable to several stage to inspect our country is very helpful. In the second part of the anti-monopoly law extraterritorial application Jurisprudence Analysis examines the five kinds of antitrust behavior with foreign elements, a detailed analysis of the principle of extraterritorial application of the antitrust laws which feasible, and leads to the U.S. anti- effect the principle of extraterritorial application of the Antimonopoly Act. The third part of the classic case of the process of the application of U.S. antitrust investigation, the cases involved the case of the U.S. banana company, Alcoa case, the case of Bank of America and the international oil cartel case, on the basis of the facts of the case critical analysis of the case, to come to the case law in the United States antitrust laws extraterritorial application of the principle of the development process. The fourth part of the United States involved in the enactment of extraterritorial application of antitrust investigation, including the 1977 International Trading antitrust Implementation Guide, 1982 \The fifth part of the extraterritorial application of U.S. antitrust recent case Hanford case of insurance companies were analyzed. The sixth part of the anti-monopoly law principle of extraterritorial application in the field of criminal sanctions applicable to the study, especially for the case of United States v. Japan Nippon fax paper, because this case is so far the only resolved through litigation the extraterritorial application of antitrust law in cases involving criminal sanctions. Finally, this paper summarizes the United States, as in the field of anti-monopoly law extraterritorial application of the implementation of the principle of the effect defects, including the first, the effect of the principle is a manifestation of the U.S. hegemony. Second, the effect principles of conflicts of jurisdiction and then the inevitable. Third, the effects doctrine will cause a serious conflict of laws, will inevitably have serious conflicts between the law of a State. Fourth, the effect of the principle of interference in the internal affairs of one sense. Fifth, the extraterritorial application of the antitrust laws to foreign parties is obviously unfair. The United States is one of the countries that actively promote monopoly Law, with the ever-accelerating economic globalization, market economy system as more and more countries, especially with the people on the principles of market economy as well as the restriction of competition has more to a more profound understanding of, many countries began to follow the practice of the United States, the effectiveness of provisions of the extraterritorial application of the antitrust laws. Although the extraterritorial application of U.S. antitrust laws for Chinese enterprises is still a lot of common ground, but with the growing number of large-scale integration of China's sustained economic development and enterprise, the Chinese enterprises and monopoly Law applicable \the day is not far away. So to keep abreast of the relevant rules of the U.S. antitrust laws with extraterritorial application, before making any decisions, is the path to victory.

Extraterritorial application of U.S. antitrust laws

Abstract

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