Research On The System Of Antitrust Law Damages

As part of the liability system of the antitrust law, the antitrust damages system plays an integral role in the effective implementation of the antitrust law. However, because the imperfection of China's relevant legal system has hampered the effective implemention of the antitrust damages system, remedies of which can only be attained by invoking the damages regulations of the civil law. In view of the fundamental differences in the nature of these two legal systems in terms of their legislative objectives, targetted clients and main legal constituent parts etc., the damages system of the antitrust law is unable to give full play to its intended effect where the civil law regulations are concerned, thereby resulting in the antitrust law being practically unable to perform its full functions. Because the civil law adjusts relationships between civil subjects with equalstatus, in case of damage will inevitably focus on equality of both sides to compensate for damages as a principle. The antitrust law to safeguard the social and public interests in the event of damage to a lot of people will have negative consequences, affecting a wide range, greatly detrimental to society, so advance prevention more important than remedial, civil law principles can not be achieved in the compensatory anti-monopoly law "preventive measures" objective. In addition, China's antitrust law damages for the civil damages in the compensatory damages the principle of compensation only for the loss suffered by the victims the same amount of property, but at the same time monopoly violations, compared with the general hidden unique characteristics proof the victim is very difficult to prove violations, compensatory damages can not compensate for all losses suffered by the parties and their litigation costs and other expenses, making anti-monopoly law damages can not play the system to deter and punish offenders, as well as stimulate the function of private litigation, there is significant shortcomings and inadequacies.This article mainly research the basic content of various aspects in the main countries and regions of anti-monopoly compensation system,including the right to damages constitutions of the specific scope of subject, specific cognizance verification of damages, determination of illegal behavior, whether require fault and damages of fault model, etc. And the anti-monopoly damages and general civil damages, by analyzing the difference between the two, summed up the unique characteristics of antitrust damages , it is recommended that China should introduce a system of punitive damages. Punitive damages have a system of incentives to victims who bring suit and deter violations of the characteristics of the system just to make up for deficiencies in compensatory damages and deficiencies, it is worth the damage compensation system of the antitrust law of China using for reference. It is proposed that China should choose the double damage compensation mode combined with the reality of national conditions, trying to provide a reference opinions to China antitrust law of compensation system .The paper is divided into four parts.Part one: an overview on the damages system of the antitrust law. Mainly introduces the concept of the damages system of antitrust law, and civil law in general damages system in the legislative intent to protect objects, constitute the elements of the difference between such areas, with the civil code system, the difference between punitive damages, and the antitrust damages compensation system has the compensation for loss of deterrence and containment of offenders, encouraging the private prosecution function.Part two: pairs of antitrust damages Elements of the system for analysis. Antitrust damages, mainly from the right of the main scope of violations of antitrust behavior in order to cause and effect relationship based on the existence of damage, whether four aspects of fault analysis, summarized the various country-specific application of lessons learned in the process in order to I was using.Part three: antitrust damages the amount of comparative analysis. This section mainly introduces the world's major countries and regions in antitrust damages, the three models, namely, the absolute system of triple damages, triple damages discretionary system and single-fold the damage compensation system, and each of the three kinds of pattern-depth analysis of the advantages and disadvantages compared to China's antitrust law damages the improvement of the system for reference and inspiration.Part four: the shortcomings and improvements of China's antitrust law damages system. This section first proposed the shortcomings of China's antitrust damages system mainly in three aspects: not on antitrust damages in civil damages to distinguish; provisions are too simple and poor operability; does not provide for antitrust damages amount. And then issue a corresponding improvement of response measures: a clear goal of antitrust laws, the introduction of punitive damages mechanisms; improve the composition of antitrust elements of damages; establish antitrust system of double damages.