當今世界各國的反壟斷法不僅適用于境內產生的限制競爭,而且還適用于境外產生但對境內有著不利影響的限制競爭。然而,近年來一些涉及國際卡特爾的案件說明,反壟斷法過度域外適用也不可行,因為這不僅可能產生國家間的管轄權沖突和法律沖突,而且也給企業帶來不合理的經濟負擔。根據國際上普遍認可的原則,反壟斷域外適用應以境外的限制競爭對境內產生"重大、直接和可合理預見"的效果為前提條件。我國迄今幾個國際卡特爾案件說明,我國已經接受了這一原則。鑒于我國已經成為跨國公司經營活動的重要場所,鑒于國際經濟活動的復雜性,我國應就反壟斷域外適用的基本原則作出明確規定,以提高反壟斷執法的透明度和可預期性。

In today’s world,almost all of the antitrust law is not only applicable to conduct within its territory,but also to conduct outside the territory if such conduct eliminates or has a restrictive effect on competition in the domestic market. However,there are cases involving international cartels in recent year that indicated that it is also not good,if the scope of the extraterritorial application of antimonopoly law expanded too far,because in that case there will be jurisdictional and legal conflicts between related countries,and additionally it is also not reasonable for the companies. It is well established in the world that antimonopoly law shall not apply extraterritorially unless such conduct has a direct,substantial,and reasonably foreseeable effect within the domestic market. China has handled some international cartel cases and demonstrated that China has accepted this principle. However,due to the fact that international trade and commerce is complex and China has become the important market for the multinational companies doing business,China should clear its basic principle for the extraterritorial application of its antimonopoly law in order to increase the transparency and predictability of the Antimonopoly Law enforcement.