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Monopoly Law Research

Author: TangXu
Tutor: ZhuZiQin
School: China University of Political Science
Course: International Law
Keywords: Anti-monopoly law Extraterritorial Application The effects doctrine Antitrust conflict rules
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 198
Quote: 1
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Abstract

Monopoly market economy develops to a certain stage, the inevitable result of economic entities competing; monopoly as well as restrictions on free competition and hinder the operation of the market will lose its vitality, damage to the economic environment. Monopoly in a market economy, to suppress monopoly need to rely on market intervention of external forces, led by the state and government legal means (ie the development of anti-monopoly law) is one of them. Antitrust law as a branch of economic law, public law from the classification point of view, usually only have domain effect; But with the rapid development of economic globalization, international economic factors contact with each other, a country within the economic behavior may often be foreign impact, and therefore the United States as the forerunner of many countries and regions began to advocate the extraterritorial application of national antitrust laws in legislation and practice their own legal regulation of foreign body in the extra-territorial monopoly behavior, coupled with the lack of multilateral cooperation mechanisms and international harmonization of legislation , which led to the countries in the conflict of jurisdiction, investigation and evidence collection and recognition of judgments and execution, as well as political and economic interests of friction. More reasonable application of law principles and international co-operation to balance the requirements of national sovereignty and economic stability, avoid confrontation monopoly Law, for the world, especially the purposes of anti-monopoly law began in 2008, antitrust not rich experience of great significance. The paper is divided into three parts Intro monopoly Law legal problems and solutions. First of all, this monopoly Law made broad exposition to discuss the antitrust laws and their extraterritorial application of the meaning of the historical development and the causes, the world's major countries and regions in the anti-monopoly law extraterritorial application of theory and taken on the practice of guiding principles, as well as the monopoly Law characteristics and causes of the conflict. The impact of economic globalization, coupled with the absence of multilateral cooperation mechanisms and international harmonization of legislation to allow countries stressed their own antitrust laws extraterritorially to protect their own economic interests, but the inevitable emergence of the contradiction between the applicable State and the applicable country, it is difficult to obtain the cooperation of the applicable State evidence collection and enforcement of judgments, is not conducive to the realization of anti-trust their own purposes. United States is the pioneer of the antitrust laws with extraterritorial application, but the effect of the implementation of the principle of too tough, was the boycott of many countries; European Union and other countries and regions accept the basic principle of effect based on the improvement in the legislation and the development of additional guidance principle, but it is undeniable that the effects doctrine has become the prevailing philosophy of the international monopoly Law. Secondly, the second chapter of the anti-monopoly law extraterritorial application of the legal aspects of the conflict means of coordination, including agreements on bilateral cooperation and regional harmonization agreements, multilateral cooperation mechanisms and international harmonization of legislation, as well as breaking the traditional public law prohibits concept, through international private law conflict rules to solve this problem. Multilateral cooperation mechanisms and international harmonization of legislation is the ideal solution to the road, but in the case of uneven level of economic development of countries, legal history and a far cry from the concept, and the lack of authority to lead this process, signed between the countries more practical bilateral cooperation agreements as a transitional means to achieve international cooperation. States should not only follow the comity concept and the principle of reasonable jurisdiction to restrain the extraterritorial application of national anti-monopoly law should also be considered to break the traditional understanding of the strict domain of the public law, more flexible bilateral conflict rules to reduce the anti-monopoly law applies unilateral produce conflict. Finally, the third formulation of the extraterritorial application of the Anti-Monopoly Law of the People's Republic of China \extraterritorial application of the concept of the system. Application Outside of China's anti-monopoly law to take effect the same principle as the core, to adapt to the changing international economic situation and to avoid friction with other nations in the the unilateral application process in our country should be considered according to the specific circumstances of the case to achieve the applicable principles yuan , as well as bilateral cooperation agreements with neighboring countries and regions to reduce the risk of conflict; and actively participate in the establishment of mechanisms for multilateral cooperation and international harmonization of legislation and the formulation to maintain the country's international political and economic interests.

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