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反垄断法的域外适用包括多种情形,其依据也各不相同。其中由美国首先在司法中确立的“效果原则”对该类适用问题产生了重要影响,一方面对于保护本国的市场环境,效果原则确实具有积极的作用,但其引发的国家间主权和经济利益的冲突也使得该原则的适用受到了限制。对此,各国都采取了很多变通措施,并通过国际合作来缓解这些冲突,这对于我国的相关立法也具有启示作用。
The extraterritorial application of the antitrust laws includes many kinds of situations, and its basis also varies. Among them, the “principle of effectiveness” first established by the United States in the judiciary has an important impact on the applicable issues of this category. On the one hand, it has a positive effect on protecting the domestic market environment and the principle of effectiveness. However, the sovereignty and economic interests The conflict also made the application of the principle limited. In response, many countries have taken many flexible measures and mitigated these conflicts through international cooperation. This also has enlightenment on the relevant legislation in our country.