Research On Judicial Jurisdiction Of Antitrust Cases

Judicial jurisdiction is the first step to sue an antimonopoly lawsuit that has handicapped the Antirust Law's enforcement in our country for lacking legal system about it, so researching the system of judicial jurisdiction about antimonopoly cases is of greatly theoretical and practical meanings. Judicial jurisdiction system is designed to determine which court has right to trial the case. In antimonopoly lawsuit, judicial jurisdiction can not copy the existing system because of its specialization. As a part of the judicial procedure, judicial jurisdiction system should protect the parties'rights, facilitate the parties to litigation, help to improve judicial efficiency and achieve justice.Hierarchical jurisdiction system and district jurisdiction system are the main content of judicial jurisdiction system. The types of antimonopoly litigation are multiple. Each of them has characters which determined the jurisdiction system can not be uniform. The basic people's courts have jurisdiction as courts of first instance over the cases of monopoly agreement and abusing a dominant market, but the higher people's courts have jurisdiction as courts of first instance over concentration of undertakings'cases; Moreover, administrative monopoly litigation's nature require the jurisdiction system can balance the principle of facilitating litigation and justice; Criminal cases are divided into special cases and ordinary cases that apply different jurisdiction system. On the aspect of district jurisdiction system, we will build broader rule that not only the court where defendant has his domicile but also as the plaintiff according to the traits that monopoly conducts are closely linked the interests of consumers and affect a wide range. In addition, special antimonopoly lawsuit applies special district jurisdiction system such as concentration of undertakings'cases.Finally, to make up for the lack of hierarchical jurisdiction system and district jurisdiction system, designated jurisdiction system and transferred jurisdiction system are essential. Impact of economic globalization also need to make extra-territorial jurisdiction of the preparation to preserve our economic interests.