The Theoretical Basis for the Extraterritorial Application of the US Antitrust Laws
To prevent and eliminate monopolistic behaviors and maintain the normal economic order of the United States(US),the US antitrust laws are gradually applied extraterritorially,and the US courts have been actively seeking theoretical support from the conflict of laws theories in determining the scope of the extraterritorial application of antitrust laws.Under the influence of the"doctrine of vested rights",the US courts adopted the principle of territoriality which totally denied the extraterritoriality of the antitrust laws;The US courts also established the"effect doctrine"according to the"local law theory",thus acknowledging the legitimacy of the extraterritorial application of the antitrust laws;They also then derived the balancing approach from the"most closely linked principles",gradually considering international comity when applying antitrust laws extraterritorially.These conflicts theories have developed and enriched the extraterritorial application of U.S.antitrust laws.The U.S.courts practice is of significant implications for China to determine under what circumstances China's antitrust law can be applied extraterritorially and how it can be done.
antitrust lawsextraterritorialityconflict of lawsterritoriality principleeffect doctrineequity
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维普
