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The Development of Extraterritorial Jurisdiction of Anticompetitive Law and the Settlement

Author: GuoZuoJun
Tutor: ZhangLiYing
School: China University of Political Science
Course: International law
Keywords: Antitrust extraterritorial jurisdiction Effects doctrine Reasonable Jurisdiction Unilateralism Multilateral Coordination
CLC: D996
Type: Master's thesis
Year: 2006
Downloads: 207
Quote: 1
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Abstract


June 2005, China's four major manufacturers of vitamin C in the United States filed an antitrust lawsuit to the antitrust field of law extraterritorial jurisdiction hot issue in this research to a climax. Chinese enterprises in our country in the field of behavioral Why extraterritorial jurisdiction by the U.S. antitrust? Antitrust legal basis for extraterritorial jurisdiction whether or not we? Would cause what are the consequences and implications? His country should be how to resist and prevent? Issue of this series be writing this paper cause them. As the U.S. is not only the first national anti-monopoly legislation, and the first one will be the extraterritorial application of national antitrust country, the country attracted national practices strongly condemned and resisted but also for various countries to follow suit, so this paper discusses the Antitrust extraterritorial jurisdiction and conflict resolution is a major development in the United States related to the development of guidance. This paper is divided into five parts, the first part is the principle of extraterritorial jurisdiction for antitrust inquiry, the author first be defined for antitrust extraterritorial jurisdiction, noting that the controversial extraterritorial application of antitrust antitrust essence of extraterritorial jurisdiction, Then explore its legal basis exists in the current academic \extraterritorial jurisdiction antitrust rules has not been generally established, the nature of the country is only a unilateral act, can be implemented effectively, depends entirely on whether or not the consent of another State; afterwards for the current antitrust States extraterritorial jurisdiction ambivalence, the author from two aspects of political, economic and legal reasons for seeking that antitrust extraterritorial jurisdiction is an objective trend, and the best way to resolve this situation is to multilateral negotiation of bilateral unilateralism, multilateralism, on the basis of mutual respect and interests of all countries to achieve the maximization of reach. The second part focuses on the extraterritorial jurisdiction of U.S. antitrust issues in attitudes and practices, the principle of extraterritorial jurisdiction in view of the U.S. antitrust laws primarily through the U.S. court decisions and legislation related to the formation of institutions, the part that is 1905's \case \The author of this part of the end of the extraterritorial jurisdiction of U.S. antitrust history of the development to be a summary and summary: U.S. antitrust principles extraterritorial jurisdiction has been the principle of territoriality principle and sheer effects swing between its evolution is mainly concentrated on \and the \legislative bodies extraterritorial jurisdiction in antitrust principles attitude has not been fully unified and more. The third part is the second part of the undertaking and development, and further discusses the U.S. antitrust extraterritorial jurisdiction the impact on other countries, which caused a national boycott and emulate. For extraterritorial jurisdiction over the cause of the antitrust laws and interests among countries on the violent clashes in the fourth section explores the author and then to put forward

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