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反垄断法的域外适用,是一国对境外发生的垄断行为行使管辖。我国反垄断法第2条采用效果原则规定了反垄断法的域外效力,效果原则适用于对市场竞争或商业产生影响的境外垄断行为,这一原则在欧美的反垄断法领域有着诸多实践。但我国的相关规定过于简单,没有将商业作为考虑因素。
The extraterritorial application of the antitrust law is the jurisdiction exercised by a country in monopolistic conduct that takes place outside the country. Article 2 of China’s Anti-monopoly Law adopts the principle of effect to stipulate the extraterritorial effect of the anti-monopoly law. The principle of effect applies to overseas monopolies that have an impact on market competition or commerce. This principle has many practices in the field of anti-monopoly law in Europe and the United States. However, the relevant provisions of our country are too simplistic and do not take commerce as a consideration.