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On the Extraterritorial Application of the Antimonopoly Law

Author: LiCunSheng
Tutor: HuangJianQiu
School: Suzhou University
Course: Legal
Keywords: Anti-monopoly law Extraterritorial effect Applicable principles Conflict and Coordination
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 57
Quote: 0
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Abstract


With the continuous progress of the process of economic globalization, the International Institute for the Unification of market is gradually formed, the countries economic dependence further enhanced transnational monopoly practices or foreign monopolistic behavior affect the domestic market of the country is increasingly prominent in the international harmonization of antitrust rules the case of absence of the expansion of the scope of application of their laws outside the domestic regulatory system against the domestic market order monopolistic behavior inevitable. With the establishment and improvement of China's market economy, after the accession to the World Trade Organization (WTO), China will be more involved in international economic cooperation. Introduced in August 2007, China's \improve China's capacity for international cooperation in the field of anti-monopoly will certainly play an important role. The legal system and the system of extraterritorial application of the antitrust laws of the United States and the European Union is the world's most developed, the most representative national and regional system of antitrust law, antitrust enforcement in the United States and the European Union bilateral cooperation and the paradigmatic. Specific implementation details have not been worked out yet because of the lack of enforcement of the antitrust laws apply extraterritorially, judicial practice experience after the implementation of the anti-monopoly law, to study and learn the system of extraterritorial application of the antitrust laws of the United States and the European Union, and on improving the extraterritorial application of the antitrust laws of our country The system has certain reference value. In this paper, through the analysis of the argument of the United States, the European Union anti-monopoly law extraterritorial application system, combined with the monopoly Law in China the status quo, I suggest: a monopoly Law in China should adhere to the effect of the principle-based, considering reasonable under the jurisdiction of the principle of a single economic entity principle and the principle of the actual place of performance. But in the applicable effect principles to its necessary restrictions on clear and specific at the same time you want to take full advantage of the effect of adding natural connection point, as far as possible in line with the relevant provisions of international jurisdiction. In line with the principle of a single economic body and performance principles apply conditions to give priority to the application of the principle. Second, actively participate in international cooperation in the multi-level monopoly Law. Should insist on the supremacy of national interests to the principle of international comity principle and on the principles of international cooperation, it is necessary to effectively safeguard China's sovereignty and economic interests, but also to minimize friction and disputes monopoly Law. Third, given our comprehensive economic strength of the current situation as a developing country, China's anti-monopoly law extraterritorial application of judicial assistance, the establishment of restrictive or prohibitive measures are necessary.

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