Study On Antitrust Private Litigation System

Antitrust law plays an important role in protecting the competition of the market and preventing the anti-competitive action. Now, more than 100 countries and districts have promulgated antitrust laws, which have been enforced differently. The U.S.A has developed and established the modern antitrust enforcement mechanism, since the Sherman Act was enacted, including the public enforcement and the private enforcement. In China, there are many essays discussing the public enforcement, however, the private enforcement is seldom discussed. The private enforcement means the private civil litigation in this essay, which is aimed at providing some suggestions for the establishment of the private litigation system.The U.S.A private enforcement practice makes us sure that the importance of the private enforcement. The draft of our Antitrust Law of 2006 only regulated that, any person who committed the anticompetitive action shall bear the civil liability for the person get damages for the action. So, it is necessary to establish antitrust private litigation system, which is different from the traditional civil litigation system.The essay consists of four parts:The first part is focus on the history and the contents of the antitrust law, and the basic situation of the enforcement mechanism. On the other hand, it also analyzes the necessity of the establishing the antitrust private litigation system from the aspect of legal and reality. The second part analyzes the antitrust private litigation system in the U.S.A and Japan, including the standing, access to evidence, limitation of action, the coordination of public and private enforcement and so on. At the same time, the Green Paper of the Damages Action for Breach of the EC Antitrust Rules published as of February 2005 has provided many options for the establishment of the antitrust private litigation in the EU.The third part also explained the necessity of the establishing the private litigation system in China. And it gives many advises on the basis of the laws of the U.S.A, the Japan and the EU and their practices.