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随着经济全球化的深入,传统意义上的竞争法已经从国内法延伸到了国际法。许多竞争问题已不再局限于一国国内,而是涉及多个国家。与一般民商事法律冲突不同的是,竞争法法律冲突有其特殊性,当某一反竞争行为同时受到两个或两个以上国家的法律管辖时,就会造成这种法律关系的不确定性和不稳定性;而各国往往又明确表示对这种法律关系的域外管辖拥有自由裁量权,这就给当事人带来适用法律的不确定性和难以预见的法律后果。从目前国际私法的发展来看,引入冲突规范来解决竞争法的域外适用冲突具有其积极意义。
With the deepening of economic globalization, the competition law in the traditional sense has been extended from domestic law to international law. Many competition issues are no longer confined to one country but to many countries. Contrary to the civil law conflicts, the conflict of laws in competition law has its own peculiarity. When an anti-competitive act is governed by the laws of two or more countries at the same time, it will cause the uncertainty of the legal relationship And instability; while States often make it clear that they have discretion over extraterritorial jurisdiction over such legal relations, giving the parties the uncertainty and unpredictable legal consequences of applicable law. Judging from the current development of private international law, the introduction of conflict norms to resolve the extraterritorial application of competition law has its positive significance.