Comparative Study On Compensation For Damages System Under Anti-trust Law Between China And Korea

Chinese Antitrust Law was come into effect on August 1st 2008 in China, which initially established a system of Compensation for Damages. However, the provision was so simple that was lack of operability.Korean Antitrust Law was implemented in 1981, and it got deeper research on the issue of compensation for damages according to the history of implementation. In addition, this law was amended in 2004 in order to improve the private-enforcement of compensation for damages. It abolished administrative order pre-conclusion system and adopted calculation methods for the amount of damages. The thesis considers that the implementation of compensation for damages system and the development of the private-enforcement of Korean Antitrust Law have an important reference to Chinese system. The thesis mainly compares Korean Antitrust Law with Chinese Antitrust Law and analyses these differences in order to give some suggestions to the improvement of the compensation for damages system under antitrust law in China in the future.The thesis is consisted of four parts:The first part mainly introduces the concepts, function and classification of compensation for damages system under antitrust law. Furthermore, this part analyzes the differences and connections between compensation for damages under the civil law and the antitrust law.The second part compares the system of compensation for damages in China and Korea with an introduction of status in both countries. And make a conclusion for the advantages of Korea Antitrust Law as reference for situation of system defects in China.The third part analyzes the structure of Korean compensation for damages system under the Korean Antitrust Law according to the factors of the action for damages. In addition, this part mainly explains some relative system which is typical in Korea. For example, the administrative order pre-conclusion system before amendment and affirmation system of liquidation damages in antitrust law.The fourth part makes some suggestions for establishing the system of compensation for damages under antitrust law in China, as Korean legal system for reference. On the one hand, it analyses the necessity of this establishing. On the other hand, this part gives advances in terms of jurisdiction confirmation, the qualification of plaintiff and defendant, double damage compensation system, as well as the function of competent authority in the whole process.