A Study On The Private Enforcement Of Antimonopoly Law

As an indispensable part of the enforcement of Antimonopoly Law, the private enforcement initiated and led by private subject mainly refers to that natural person or legal person whose self-interest is impacted by the monopoly behavior brings a civil action. The private enforcement system is a useful complement and a necessary correction to the public enforcement, and is able to promote the effective enforcement of Antimonopoly Law. This paper tries to get the important experience as reference for China by comparatively analyzing foreign experience of legislation and practice .This paper consists of three chapters plus the preface and conclusion.Chapter 1 revolves the basic concepts of private enforcement, and the distinction between the private enforcement and the public enforcement, in order to find out the accurate definition of the private enforcement of Antimonopoly Law. And then deeply analyzes the value of the private enforcement system, as well as the inevitable limitations of the private enforcement. Chapter2 analyzes the foreign experience of legislation of the private enforcement, especially the experience of USA and Germany. Further explains the necessity for China to establish substantial private enforcement system. Chapter 3 proposes some suggestions on the private enforcement for China, including: launching procedure, subject of the private enforcement, remedy for the plaintiff and agreement between operation of private enforcement and supporting measures.There are some innovations of this paper as follows:With the view of globalization and Chinese-localization, the paper puts forward some suggestions on the private enforcement system for China by means of comparison and analysis with the purpose of the protection of the private rights.The paper treats Antimonopoly Law named Economic Constitution from the perspective of Procedural Law and Civil Law.The suggestions on the private enforcement in the paper enhance the possibility for the "Chinese- localization" with a good consideration of the existing legal environment in China.