反垄断法是市场经济发展到近代以后出现的,它旨在规制市场中各类垄断行为,恢复可持续的有效竞争,进而确立良好竞争秩序的法律部门,被人们形象称之为“经济宪法”。随着经济全球化进程的推进和贸易与投资自由化浪潮的高涨,市场已超越主权空间向世界范围内扩展,跨国垄断行为对经济发展的影响日益突出,在国际反垄断法缺位的情况下,国内反垄断法如何对其进行有效规制成为反垄断法所面临的重大挑战。针对这种情况,一些国家开始突破传统管辖原则的限制,主张本国反垄断法具有一定的域外效力,这就产生了反垄断法的域外适用问题。 The antitrust law emerged after the development of the market economy to the modern era. It aimed at regulating various kinds of monopolistic behavior in the market, restoring sustainable and effective competition, and establishing a legal department with a good competitive order, which was called “the economic constitution ”. With the progress of economic globalization and the tide of liberalization of trade and investment, the market has expanded beyond the scope of sovereignty to the world. The impact of transnational monopoly on economic development has become increasingly prominent. In the absence of international antitrust law How to effectively regulate domestic antitrust law has become a major challenge to the antitrust law. In response to this situation, some countries have begun to break the traditional jurisdiction of the restrictions, advocating that their anti-monopoly law has some extra-territorial effects, which led to the anti-monopoly law applicable extraterritorial issues.