Research on Jurisdictional Conflicts and Coordination in Anti-Monopoly Investigations under Globalization of the Industrial Chain - From the Perspective of Improving the Extraterritorial Application System of China's Anti-Monopoly Law

Yichao Wang

doi:10.54254/2753-7048/2025.LD25446

Lecture Notes in Education Psychology and Public MediaOpen access

Research on Jurisdictional Conflicts and Coordination in Anti-Monopoly Investigations under Globalization of the Industrial Chain - From the Perspective of Improving the Extraterritorial Application System of China's Anti-Monopoly Law

Research Article

Open Access

Research on Jurisdictional Conflicts and Coordination in Anti-Monopoly Investigations under Globalization of the Industrial Chain - From the Perspective of Improving the Extraterritorial Application System of China's Anti-Monopoly Law

Yichao Wang ^1*

¹ Shantou University

^*Corresponding author: 23ycwang1@stu.edu.cn

Published on 24 July 2025

LNEP Vol.107

ISSN (Print): 2753-7056

ISSN (Online): 2753-7048

ISBN (Print): 978-1-80590-273-7

ISBN (Online): 978-1-80590-274-4

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Abstract

In the context of globalization and the profound integration of industrial chains, cross-border monopolistic behaviors have rendered the conflicts over anti-monopoly jurisdiction among countries increasingly prominent. This study, from the vantage point of enhancing the extraterritorial application system of China's Anti-Monopoly Law, conducts a systematic analysis of the underlying causes of such jurisdictional conflicts among countries, international coordination approaches, as well as the challenges China encounters in the practice of anti-monopoly jurisdiction.The research reveals that the core of jurisdictional conflicts lies in the interplay between national sovereignty and interests. Relying on the single entity principle and the effects principle, countries have been consistently expanding their extraterritorial jurisdiction, thereby giving rise to jurisdictional conflicts and the predicament of asymmetric regulation. China faces three major deficiencies: unclear extraterritorial application criteria, the absence of coordination mechanisms, and being at a disadvantage in the rules arena due to other countries' extraterritorial application based on the effects principle.Consequently, this paper innovatively puts forward a “dual-track coordination mechanism”. Internally, it aims to clarify relevant rules, while externally, it advocates the practice of international comity and the exercise of reasonable jurisdiction.

Keywords:

Conflict of anti-monopoly jurisdiction, Extraterritorial application, Principle of international comity, Dual-track coordination mechanism

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References

[1]. American Banana Co. v. United Fruit Co., 213 U.S. 347 (1909)

[2]. DAI Long. Study on the Extraterritorial Enforcement of China’s Antimonopoly Law [J]. , 2010(5): 127-137.

[3]. United States v. Aluminum Co. of America et al., 148F. 2d 416, 444 (2d Cir. 1945).

[4]. Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984)

[5]. Du, T. (2019). Distinguishing extraterritorial jurisdiction and extraterritorial application in transnational antitrust civil litigation: Perspectives from recent Chinese and American cases. Journal of International Economic Law (Xiamen), 1, 72–84.

[6]. An, J. (Ed.). (2007). Interpretation of the Anti-Monopoly Law of the People's Republic of China. Law Press China. p. 13.

[7]. Zhou, H. C., & Tang, G. Q. (2011). Coordination of jurisdictional conflicts in the extraterritorial application of antitrust law. Journal of Henan Administrative Institute of Politics and Law, (2), 59.

[8]. Timberlane Lumber Co. v. Bank of America, 574 F. Supp. 1453 (N.D. Cal. 1983)

[9]. Yu, X. (2016). Legal application of anti-monopoly tort liability involving foreign elements: Concurrent commentary on the legal application in Huawei Technologies Co. v. InterDigital monopoly case. Journal of Hebei University (Philosophy and Social Science Edition), 41(3), 143–151.

[10]. Ma, C. (2012).On the extraterritorial application system of China’s Anti-Monopoly Law—Lessons from the U.S. and EU experiences.Journal of Northwestern Polytechnical University (Social Sciences), 32(3), 25–27.

References

[1]. American Banana Co. v. United Fruit Co., 213 U.S. 347 (1909)

[2]. DAI Long. Study on the Extraterritorial Enforcement of China’s Antimonopoly Law [J]. , 2010(5): 127-137.

[3]. United States v. Aluminum Co. of America et al., 148F. 2d 416, 444 (2d Cir. 1945).

[4]. Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984)

[6]. An, J. (Ed.). (2007). Interpretation of the Anti-Monopoly Law of the People's Republic of China. Law Press China. p. 13.

[8]. Timberlane Lumber Co. v. Bank of America, 574 F. Supp. 1453 (N.D. Cal. 1983)

Cite this article

Wang,Y. (2025). Research on Jurisdictional Conflicts and Coordination in Anti-Monopoly Investigations under Globalization of the Industrial Chain - From the Perspective of Improving the Extraterritorial Application System of China's Anti-Monopoly Law. Lecture Notes in Education Psychology and Public Media,107,14-20.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

About volume

Volume title: Proceedings of ICILLP 2025 Symposium: Property Law and Blockchain Applications in International Law and Legal Policy

ISBN: 978-1-80590-273-7(Print) / 978-1-80590-274-4(Online)

Editor: Renuka Thakore

Conference website: https://2025.icillp.org/London.html

Conference date: 21 November 2025

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.107

ISSN: 2753-7048(Print) / 2753-7056(Online)

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