试论反垄断法域外适用的效果原则

On the Effect Principle of Adapting Anti-monopoly Law in Foreign Lands

反垄断法域外适用的效果原则一直备受争议。坚持效果原则,以一国国内反垄断法规制发生在他国的限制竞争行为,虽有其一定的合理性和现实价值,但同时也会引起国家之间的矛盾与冲突,只有加强国际合作,制订和实施统一的国际反垄断,才能克服因遵行效果原则而带来的矛盾与冲突。

There has been a heated debate on the effect principle of adapting anti-monopoly law in foreign lands. Adhering to this principle, which means the restriction of competitions in a foreign country through domestic anti-monopoly law and regulations, has caused sharp controversies and conflicts between different countries in spite of its reasonable and realistic values. Only through international cooperation with the stipulation and implementation of unified international anti-monopoly policies can we overcome the obstacles that have been brought about in the practice of effect principle.