Research On Antitrust Damages Of Our Country

Aug.1, 2008, Anti-monopoly Law of People's Republic of China was put into force. The system of anti-monopoly damages is preliminarily established. However, this regulation is too simple to be operated in the actual. This thesis is mainly about the choices of different anti-monopoly damages patterns, and offers some suggestions to improve the system, hoping to give some help to the study of anti-monopoly study. This thesis following traditional train of thought is divided into four parts: fundamental theory, overseas situation, problem posing and problem solving.The first part is a summary of anti-monopoly damages. It introduces the concept of anti-monopoly damages, private litigation, and also introduced the fundamental theory of setting anti-monopoly damages through two parts—power restriction and supervision theory and judicial remedy theory.The second part analyses the necessity of setting anti-monopoly damages system. It is described from its historical functions, characteristics, its makeup function to public enforcement, legal economics and victim's interests security.The third part analyses the anti-monopoly damages system in other countries and areas. This part mainly introduces the status of US,EU and Japan on anti-monopoly damages, analyses and makes a comparation among the three regions.The last part is about some suggestions on setting anti-monopoly damages system. In this part, the disadvantages of Anti-monopoly Law of People's Republic of China is introduced and then gives some suggestions from the point of view of jurisdiction establishment, plaintiff's qualification cognizance, the choices of compensation magnification and the function of class action and department in anti-monopoly damages.