论文部分内容阅读
As China is growing its antitrust jurisprudence, it is expected that Chinese courts and enforcement agencies will be facing extraterritoriality issues.This article reviews the evolution of extraterritorial application of antitrust law in the United States, where courts have developed substantial case law defining the scope of its extraterritorial reach over a hundred years.Importantly, this article examines the considerations of international comity and deterrence, two doctrines key to the determination of exterritorial limits.This article reviews recent court decisions on exterritorial reach of antitrust law, noting that US courts are becoming more moderate in applying antitrust law to exterritorial conduct by taking closer examination at threshold issue of domestic effects.In conclusion, this article suggests that China consider adopting a balanced and multi-faceted approach in extraterritorial application of antitrust law by building strong government enforcement, engaging in active international cooperation and encouraging private enforcement against global cartels for the protection of Chinese domestic interests.