关键词: 涉外垄断侵权责任, 影响原则, 反垄断法域外适用

Abstract: In the current legal system of our country the effect of the anti competitive behavior has not been considered as the connecting factor for the case of foreign related monopoly tortious, though it is the fundamental criterion to determine whether or not the Anti Monopoly Law can apply extraterritorially. It evokes the question such as the separation of application of Anti Monopoly Law itself from the application of law to the relating remedy in civil law, even in contradiction etc. Therefore the realization of legislative goals of Anti Monopoly Law and its effective enforcement would be prejudiced in our cuntry. In the paper the anti monopoly litigation between Huawei and IDC has been introduced as the background and the author further tries to demonstrate that the effect doctrine shall be accepted as the conflicts rule on foreign related monopoly tortious liability, through the illustration of EU competition law and the EU Regulation on the law application to non contractual obligations in comparison.

Key words: foreign related monopoly tortious liability, effect doctrine, extraterritorial application of anti monopoly law