反垄断法的域外效力与适用刍议

依传统的管辖权理论,反垄断法依其公法性质而具有严格的地域性.而随着经济全球化和一体化的发展,在经济组织滥用市场优势地位限制竞争的情况下,各国为了维护本国利益,纷纷突破传统的管辖范围,主张本国反垄断法的域外效力.我国正在制定反垄断法,在该法中安排域外适用制度是适应市场经济体制和世贸组织规则的要求.

Discussion on Application outside the Country in the Antimonopoly Law

According to the traditional jurisdiction theories, antimonopoly law has strict region because it is the public law. But with the development of the economic globalization and integration, many economy organizations are abusing the market advantage position to limit competition. Countries are breaking the traditional rule and claiming the application outside the country in order to protect benefit. Antimonopoly law is being issued now, so it is the requirement of the socialist market economy system and WTO to place the system of application outside the country.