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中国政府对两拓实施中国反垄断法规,并不是越权,反垄断法域外管辖是国际惯例力拓董事会6月5日决定与必和必拓建立合资公司,这必然导致“两拓”日益接近,以至于有形成事实垄断之虞,也因此有法律义务向中国政府申报审批。两拓合资向中国政府申报的法律依据首先来自我国反垄断法第2条,即“中华人民共和国境外的垄断行为,对境内市场竞争产生排除、限制影响的,适用本法”。由于力拓和必和必拓均名列世界三大铁矿石供应商,均为中国进口铁矿石的主要供应商,拟建立的合资企业所经营的西澳大利亚铁矿石业务又是两大公司的主要铁矿石资产,这笔拟议中的合资交易必然会对我国境内铁矿石市场竞争产生一定程度的排除、限制影响,因此对其适用反垄断法是必要的。
The Chinese government on the implementation of China’s two antitrust laws antitrust legislation is not ultra vires, antitrust jurisprudence is an international practice The Rio Tinto board of directors June 5 decided to establish a joint venture with BHP Billiton, which will inevitably lead to As for the possibility of forming a monopoly of fact, it also has a legal obligation to file an application with the Chinese government for approval. The legal basis for the two joint ventures to declare to the Chinese government first came from Article 2 of China’s Anti-monopoly Law, that is, “the monopoly act outside the People’s Republic of China and the exclusion and restriction of domestic market competition apply to this Law.” As both Rio Tinto and BHP Billiton are among the top three iron ore suppliers in the world, they are both major suppliers of iron ore to China and Western Australia’s iron ore business operated by the proposed joint venture is another major player in both companies Iron ore assets, the proposed joint venture transaction will inevitably lead to a certain degree of exclusion and restriction of the competition in the iron ore market in our country. Therefore, it is necessary to apply antitrust law to it.