反垄断法的域外适用及其法理评析

伴随着经济全球化和贸易与投资自由化,跨国垄断行为日益突出。为了有效规制跨国垄断行为的消极影响,维护本国利益,欧美等国纷纷在其域外适用本国反垄断法,并试图寻求域外适用的理论依据。本文从国际法的基本原理出发,对反垄断法域外适用原则进行分析,指出反垄断法的域外适用尚不具备充足的惯例因素和法理根据。

On the Extraterritorial Application of Anti-monopoly Law and Its Principle Evaluation

With the economics becoming globalization and the trade and investment becoming liberalization, the transnational monopoly behavior is day by day prominent. In order to remove effectively its negative effect and maintain their own country's benefit, European countries and America apply their anti-monopoly law outside of their territory, and attempt to seek the theory basis. According to the international law's basic principle, this article analyzes the anti-monopoly law's extraterritorial application, and points out that it still does not have sufficient convention factor and law basis.