Study On The Private Enforcement Of Antitrust Law Of China

A sound system of antitrust law should include perfect legal norms and effectiveenforcement mechanism. The introduction of antitrust law indicates that China has madeanother significant progress in competition laws and regulations, and provides further legalprotection for combating illegal monopolistic behavior and maintaining orderly competitionof socialist market economy. In order to achieve the purpose of antitrust legislation, effectiveenforcement mechanism is also very important. By study on major nations of anti-monopolylegislation, we can fide that the anti-monopoly law enforcement mechanisms include publicenforcement and private implementation. In recent years, antitrust private enforcement as animportant part of the antitrust enforcement mechanisms has been recognized in manycountries. Article 50 of China's "anti-monopoly law" also formally established the privateenforcement of antitrust law, filling the gap of private enforcement of antitrust law in ourcountry. But private enforcement system appeared to be very weak because of only one legalprovision. In the course of the specific implementation, it will encounter many problemsneeded to be solved. Studies on public enforcement of antitrust law are maturing in theoreticalcircles, while the private enforcement has long been neglected. These all determine that thedevelopment about private enforcement of antitrust law is not optimistic. Therefore, studyingdeeply and improving the relevant system on private enforcement of antitrust law issignificant. Paper begins with the basic theories of private enforcement of antitrust law,demonstrates the rationality of private enforcement by analysis of theoretical basis, thenpoints out the advantages and drawbacks of it. From the perspective of comparative study,paper studies private enforcement of antitrust law in many countries and points out thatprivate enforcement of antitrust law in our country will face many difficulties. On this basis,according to current situations of China's market economy and implementation mechanismsof antitrust law, paper puts forward reasonable proposals on improving the development ofprivate enforcement of antitrust laws.