A Conflict-of-laws Approach to International Antimonopoly(PartⅠ)

Free competition system should be established to make the global economic market function properly. The regulations of WTO have brought down the trade barriers set up by the governments of WTO members, while private anticompetitive practices are on the rampage. How to tackle this global wide practices has been the concern around the world. The extraterritorial application of domestic antitrust law, which is pursued by many developed countries, can give rise to many problems; unification of domestical antitrust law, though a ideal option, cannot be achieved for obvious reasons; in this case, a conflict-of-laws approach, which is a mature approach to solve the transnational civil and commercial issues, should be applied to combat the international antimonopoly but on the condition that a theory can be constructed to break the bottleneckle of the prohibition of applying foreigh antitrust law.