Study On Private Anti-monopoly Litigation System

Private antitrust litigation is one of the important way to achieve purposes of anti-monopoly law.Not only It can make up for the inadequacy of the public anti-monopoly enforcement resources,but also conducive to the mobilization of non-governmental forces with a variety of fight against illegal monopoly and be able to effectively sanction offenders,so as to nurture a good competition consciousness and fostering a level playing field.At present,academic research less private anti-monopoly litigation.China's anti-monopoly law provides for damages for the offenders,but still imperfect,the private action has also brought many problems to be resolved.The study of private antitrust litigation not only has the extremely important theoretical significance, and is of great practical significance.Based on this,this article in order to "private antitrust litigation systems researches the topic,from the private antitrust litigation and the role of the concept of analysis,drawing upon relevant areas of foreign and foreign anti-trust legislation and litigation in private practice on the basis of how to improve China's anti-monopoly system of private litigation,particularly antitrust damages system started to explore more in depth,looking forward to China's anti-monopoly legislation and practice to improve benefits.In addition to the introduction of this,the article is divided into five sections:The first part of this article was discussed in the concept and the role of private antitrust litigation.Private antitrust litigation should not be simply regarded as a civil,but It is a procedure which victims sue to require infringer bear the economic law litigation according to anti-monopoly law.The forms of Responsibility is various and the main form of it is damages,and punitive damages should be based.Private antitrust litigation for a number of the important role of anti-monopoly law,reflected in:to compensate for the victim' loss;to protect the legitimate interests of victims;to make up for the inadequacy of public law enforcement resources;to increase the deterrent power of law, prevent the occurrence of monopolistic practices;overcome negligence and slack of public enforcement;nurture and develop a culture of competition and so on.However, there is certain restrictions for private litigation,it may lead to excessive private action phenomenon,and a non-use of litigation to achieve the legitimate purpose,that is,the so-called "strategic abuse."The second part,introduced development of private anti-monopoly action in world's leading countries and regions,as well as characteristics.Private antitrust litigation by more and more attention to countries and regions,countries and regions have to develop or modify their laws to promote the stable development of the private litigation.In the establishment of the private litigation system,countries and regions are very focused on learn from experience of other countries,combined with national conditions and the legal traditions.At the same time,countries and regions try best to exert positive role of private litigation,but also to curb the excessive private actions may occurred in the system designed.The third part,on the relations between private antitrust litigation and public enforcement agencies.Private antitrust litigation and public enforcement were interrelated and mutually constraining.In a procedural point of view,According to the need for public enforcement agencies' review and decision as the standard,private antitrust litigation proceedings can be divided into independent front and administrative front procedures. Both advantages and disadvantages of these two programs:an independent process can motivate victims to suit,but may cause excessive actions.Administrative front procedures can contract private litigation,but could not exert full positive of private litigation.In the physical point of view,as professional and authoritative of anti-monopoly enforcement agencies,it can provide related documents for private victims and can act as "court friends" to participate in proceedings,helping judges to resolve cases.In addition, the fact and outcome investigated by administrative anti-monopoly enforcement agencies are binding on the courts in the action.Part Four discusses the standing of private anti-monopoly action.Qualified to determine the standing is premise and basis of a private antitrust lawsuit,it play an important role in the development of private anti-monopoly action.The plaintiff was too broad in scope may lead to excessive litigation;and narrow the scope of the plaintiff may not lead to real compensation for the victims.At present,the major countries to adopt "harm" standard,that is,those who suffered can be sued.But how to recognize the "damage" to take the different standards and methods.Practice of the United States is worth learning from.Indirect purchaser status and passing-on defense is more complex issue of the standing.Different nationals and regional take a different attitude in whether indirect purchasers to sue;and basically refused passing-on defense.Countries and regions have adopted different principles,mainly based on their legal environment and competition policy.The fifth part focuses on antitrust damages system and the recommendations of our county's damages.Damages is the most important form of liability in private antitrust litigation.Based on a different concept of legal culture and legislation,different countries have adopted different rules.In general,damages can be divided into three types: mandatory triple damages,considerate triple damages and actual damages.Punitive triple damages and compensatory damages are two different types of private antitrust damages, both the knowledge and expertise,and inevitably there are some limitations.Considerate triple damages with the flexibility and adaptability to compensatory damages and punitive damages combination.China's "anti-monopoly law" establishes the principle of actual damages,but is not appropriate than this antitrust damages simply be classified as ordinary civil compensation,it should establish punitive damages principle.Monopolistic behavior should to distinguish between intentional and negligent.Monopolistic behavior of intentional damages to apply the principle of mandatory damages monopolistic behavior on the fault is applicable to the principle of discretionary damages.