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The Research on International Cooperation in Antitrust Law Enforcement

Author: HuangDan
Tutor: LiXiaoMing
School: Hunan University
Course: International law
Keywords: antitrust law enforcement extraterritorial jurisdiction principle of comity multilateral coordination mechanisms
CLC: D912.29
Type: Master's thesis
Year: 2009
Downloads: 127
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Abstract

Initially, the anti-monopoly law was a restriction of competition to deal with acts of domestic economic legislation. When the extraterritorial application of a country’s anti-monopoly law have some effects and put into practice by law enforcement authorities, anti-monopoly law ensuing conflicts. As international economy continues to develop, more and more domestic anti-monopoly law enforcement authorities were involved in the case of international competition, the international community appeared a anti-monopoly law conflict which has not exist in the history. In addition, with the increasingly interdependent national economies, the ability of individual anti-monopoly agency can’t bind multinational enterprises. Thus, the requirements of coordination and cooperation have emerged.There are three types of cooperation mechanisms in the field of anti-monopoly between countries. The first is bilateral, such as the bilateral cooperation agreements which signed by United States and European Union, Japan, Canada and other countries. Second is the region, such as APEC, NAFTA and other regional organizations. The third is a multilateral which contains OECD, ICN, WTO and other international organizations. Practice has proved that cooperation between countries has significantly effective. From an economic point of view, international cooperation to improve the efficiency of the world economy , and ensure the maximization of global welfare. It is worth noting that, due to many factors ,mechanism of such co-operation is still in an initial stage, most of them remain in the non-substantive cooperation. There are still some insurmountable difficulties between cooperation parties, such as information exchange, survey evidence, service of judicial documents, in particular the enforcement of sentences. It is very difficulty to achieve a real sense of co-operation in inter-entity judicial co-operation. China will inevitably have to face these issues in antitrust law enforcement as a part of the world economy. We can learn from the experience of developed countries. On the one hand, to improve the implementation of the mechanism of China’s anti-monopoly. For example, restrictions on extraterritorial jurisdiction, establish criminal responsibility. On the other hand, as a prerequisite for cooperation of the anti-monopoly law, we must be establish an independent anti-monopoly law enforcement agency, and build up a high-quality team of law enforcement cooperation. So, We should seize this favorable opportunity of economic globalization, pay close attention to international law enforcement cooperation, at the same time, improve our anti-monopoly law, play to our strengths. Only we have adequate preparation and understanding of international cooperation in antitrust law enforcement, can be in an invincible position in the competition.

The Research on International Cooperation in Antitrust Law Enforcement

Abstract

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