On Punitive Damages Applied To Anti-Monopoly Field

Anti-monopoly law is an important policy tool to preserve market competition . The maintenance of market competition can improve economic efficiency and get the whole welfare of society promoted. To achieve the purpose of law it should be enforced effectively.There is a significant value that building a reasonable civil sanctions for an effective anti-monopoly enforcement mechanism. This article holds that punitive damages is better than compensatory damages according to the tenet of anti-monopoly law.Then we should apply punitive damages to the civil liability system under the anti-monopoly law.From the developing of legal standard,this dissertation can be divided into three chapters combining the use of economic and legal analysis. Chapter one major in the analysis of punitive damages itself,including the emergency and development of punitive damages, the economic and legal analysis about punitive damages. Punitive damages is generated and applied in the countries belonging to the common-law system. The attitude of continental law system towards punitive damages experienced by the resistance to the acceptance process.At first punitive damages is used as a tool including a punish factor to compensate mental injury. With the development of society punitive damages changes to be a compensation system to punish and contain the wrongdoings.Punitive damages can increase the cost of illegal perpetrators, reduce the costs of government's law enforcement and encourage private lawsuits. By this way the probability of behavior which damages market competition can be reduced.As a result the monopoly behavior will be restrainted.Because the legal standard has changed from individual-orientation to nation-orientation, compensatory damages can not meet all the needs of anti-monopoly law's enforcement. Applying punitive damages to the anti-monopoly law is conducive to the realization of substantial justice.Chapter two is the theoretical discussion on applying punitive damages to anti-monopoly law.Because punitive damages is correspond to the tenet of anti-monopoly law,we should set up penalty compensation system system in anti-monopoly law.In this chapter the article also analysis the feasibility of establish a penalty compensation system in chinese anti-monopoly law.The direct purpose of anti-monopoly legislation is to protect competition. By regulating monopoly the law guarantee the free market competition. Efficiency is the soul of market economy.As a tool to safeguard the positive function of market economy,anti-monopoly law also has efficiency to be its tenet.In order to promote free market competition the principle of equity should be hold.Otherwise the competition will lack efficiency and damage the interests of the whole community.From the perspective of social benefits punitive damages can promote competition and control monopoly by deprive benefits of monopolist.The enforcement of punitive damages in the field of anti-monopoly can increase the cost of injurers,obstruct the potential monopolist, improve the efficiency of the anti-monopoly law's enforcement.Then the market competition will be efficient. Chapter three discuss the specific application of punitive damages under anti-monopoly law. This article holds that absolute threehold compensation will be liable to result in over deterrent effect.Discretionary threehold compensation is a kind of punitive damages which can not be applied preferentially compared with the compensatory damages unless the monopolist has a subjective intent.Both the absolute threehold compensation and the discretionary threehold compensation are calculated on the base of victim's losing.There are four kinds of methods to account victim's losing ,they are: yardstick method, before-and-after method, market-share method and going-concern method.This article finds that it is unreasonable to calculat punitive damages on the base of victim's losing.If changing the base to the monopolist's profit, the amount of anti-monopoly compensation will adaptive to the aim of punitive damages.This article holds that we should set up double compensation in our anti-monopoly law in order to accord with our national conditions and can be accepted by people more easily.At the end of this article the author summarizes the main arguments and conclusions of the whole dissertation.