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跨国并购在促进国内产业发展的同时,也会带来一些负面影响,如垄断,因而将跨国并购纳入本国的反垄断法律体系统一进行调整已成为全球趋势。随着越来越多的国家承认反垄断法的域外效力,在实践中造成了域外适用的冲突。笔者以为,为更好地保护本国的市场和消费者,对于跨国并购的反垄断法规制也应规定反垄断法的域外适用,但应慎用效果原则并加强国际合作。
Transnational mergers and acquisitions, while promoting the development of domestic industries, also bring some negative effects, such as monopolies. Therefore, it has become a global trend that the monopoly of cross-border mergers and acquisitions into their own anti-trust legal system has been adjusted. As more and more countries recognize the extraterritorial effect of the antitrust law, they have created extraterritorial conflicts in practice. I believe that in order to better protect their markets and consumers, the anti-monopoly law on cross-border mergers and acquisitions should also stipulate the extraterritorial application of the anti-monopoly law. However, the principle of effectiveness should be used with caution and international cooperation should be strengthened.