Comparative Study Of Private Enforcement Of Antimonopoly Law

Private enforcement of Anti-monopoly is a process in which people are affected by the illegal monopoly action and perform Anti-monopoly by the way of filing a civil lawsuit. It is a useful complement to the public enforcement of Anti-monopoly, and has the advantage of protecting private interests and fostering culture of competition. But there is drawback which is likely to lead to the abuse of litigation, destroy the order of market competition and cause Over-deterrence. For the purpose of taking full advantage of private enforcement system and of avoiding the drawbacks of private enforcement system as much as possible, we should make a certain restrictions on it when we set up the private enforcement of Anti-monopoly system.The two most representative private Anti-monopoly systems have been established in United States and Japan respectively, which will be firstly introduced in this paper. Based on the introduction, a comparative analysis of private enforcement entities system between the United States and Japan will be carried out. The author maintains that we should learn from Japan's practice which allows indirect purchasers and consumers to take a legal action, and in certain circumstances, the court should allow the defendant to rise a plea against harm passing. Then, the private enforcements of Anti-monopoly process system of the United States and Japan are introduced and compared in detail as well. Drawing on the former introduction and comparison, the author holds the view that based on Japan's'investigation preposition' of private Anti-monopoly system the investigation link should be improved, the investigation methods should be conducted according to different object of investigation. In other words, the object of investigation will divided into 'Per se illegal' case and 'rule of reason' case, and the investigation methods will be divided into substantive examination and formal examination correspondingly.There is only one provision related to private enforcement in China's "Anti-monopoly law", which is too ambiguous to operate effectively. This doesn't comply with the legislative tendency of private enforcement of Anti-monopoly system in the world. China should further the perfection of private enforcement of Anti-monopoly. Therefore, the author proposes that drawing on Japan's 'investigation preposition' of private Anti-monopoly system and the private Anti-monopoly systems of America, China should set up her own private enforcement system of Anti-monopoly law which is truly suitable for the national conditions.