Research On The Private-Enforcement System Of Antitrust Law

During implementing the antitrust law, judicial process may be abused although the private enforcement has rational theoretical foundation and is also favorable to social justice. Because of being afraid of abuse, private enforcement system must be restricted in procedure and substantial system to some extent. American private enforcement differs from Japan's in that very few people can bring an antitrust action in American and Japanese antitrust law provide private indirect system. But so far, China has no antitrust law, but there are some articles that are mixed in various laws and also there a draft of antitrust law is being discussed by the legislature. The articles and the draft, which was in chaos and confused in antitrust damages System and ordinary civil compensation, have concerned of private enforcement. Based on analysis of the private enforcement in the draft and legal norms, the paper argues that private enforcement in Chinese antitrust law should be stipulated and perfected, and gives some advices about enforcement procedures and specific System design .This articles is consisted of four parts ,about 31000 words ,Main contents are as follows:Chapterâ… Summarizing of Private Enforcement System in antitrust law This part mainly introduces the theoretical foundation and functions of private enforcement, stresses the importance of private enforcement. The innovation of this chapter is that on the basis of evaluating function of private enforcement System, the author argues that private enforcement System should be provided and restricted. Chapterâ…¡Substantial system of Private Enforcement in antitrust law On the basis of introducing American damages-paying System and removing harms System and Japanese counterpart, the author evaluates their system. The innovation point of this part is that we should learn from Japanese provision as too much restriction emerged in damages-paying and removing harms action in American antitrust law.Chapterâ…¢Procedure system of private enforcement of the Antitrust Law Basing on evaluating of private enforcement procedure of the American antitrust law and the Japanese counterparts, author gives some significant advices in this chapter. The innovation of this chapter is that we should use the nature of acts as a criterion for selecting direct action or indirect action; the victims of restricting competitive behaviors judging by the Rule of Reason are contrary when victims of behavior which is judged to be legal or illegal by the Rule of Perse illegal should be allowed to bring a direct action.Chapterâ…£Private enforcement in Chinese antitrust law This part mainly evaluates private enforcement of Chinese antitrust legal norms and the draft. The innovation points of the chapter is that today's private enforcement is in chaos and the differentiation between the antitrust damages System and ordinary civil compensation being ignored, private enforcement System must be stipulated and perfected in Chinese antitrust law.