The Study Of Private Enforcement Mechanism Of Anti-Monopoly Law

The enforcement mechanism of anti-monopoly law comprises public enforcement and private enforcement. The Article 50 of China Anti-Monopoly Law has established the foundation of private enforcement. However, this provision is so loose that we need to elaborate it by referring to other countries'advanced experiences on competition law. In order to improve the private enforcement of China Anti-Monopoly Law and supply the lack of the present study, the author writes this thesis on an analytical basis of other scholars'papers.In this paper, the author tries to reveal and reemphasize the function of the private enforcement in China through comparative study, and discuss the civil liability of anti-monopoly law through law interpretations, and provide some suggestions to solve several problems in the procedures of private enforcement, which forms the'function-orientation—substan tive law—procedural law'logic framework. Precisely, the author talks about the private enforcement of China Anti-monopoly Law within four aspects other than the Introduction. Chapter One reviews the concept of private enforcement and its classification, and analyzes the different assessments about the private enforcement. Chapter Two illustrates the attitude and practical choices that China should introduce on the private enforcement of anti-monopoly law through the study of the experiences of the U.S.. Chapter Three discusses the position, nature, forms of the civil liability of Anti-Monopoly Law and pays more attention to the conditions of compensatory liability. Chapter Four analyzes some difficult points of the procedures of private enforcement and puts forward the author's advices.This paper concludes that, China should put more emphasis on the compensatory function of the private enforcement compared with the deterrent function , and coordinate the relationship within private enforcement and public enforcement, and elaborate the substantive provisions and procedural rules to facilitate the victims of anti-competition act to bring litigation and promote to realize the purpose of the Anti-Monopoly Law.