Antitrust Laws Of The Private Implementation

The Anti-monopoly law which also called "Economic Constitution" is the cornerstone of the Economic Laws. It is the most important part of the legal system that aims at protecting the legal market competition, avoiding illegal monopolies and keeping the market running well. But it's impossible to achieve the implementation of Anti-monopoly law without a fair unconstrained market system and a set of feasible rules and regulations. There are two main patterns of the implementation of "Anti-Monopoly Law".One is executed by the the public institutions that represent the interests of the commons. And the other is private implementation, which is usually leaded by those corporations or nature people whose interests is encroached. They often achieve their aims by instituting civil actions or through an arbitration agreement. As the necessary supplement of the public institutions' enforcement, private implementation plays an important role especially in the situation of "government invalidation".In China, the Anti-monopoly law has come into effect since August 1st,2008. It marked a new beginning of the development of the socialist market economy. But there are still so many illegal monopolies within our country, and it remains a hard work to avoid them. For its imperfection and importance, it is very necessary to have a further discussion on the effective enforcement of the Anti-monopoly law.There are four chapters of the paper:ChapterⅠis the introduction of some basic principles of the private implementation of the law, which aims at providing theory basement for the private implementation of the anti-monopoly law.ChapterⅡwill give an academic analysis of the private implementation of the anti-monopoly law in the angles of economics and homology, and try to have a further discussion of the necessity and possibility of the private implementation of the anti-monopoly law. This chapter is also the most dominant part of the passage.ChapterⅢwill focus on giving an introduction of the international practical experience of the private implementation of the anti-monopoly law and the apocalypse from which China can get.ChapterⅣwill have a discussion of the necessity and some suggestions of the private implementation of the anti-monopoly law in China on the analysis of the current situation of the implementations of the anti-monopoly law in China.On the analysis of international practice and experience of the Anti-monopoly law's implement, the paper targets on getting some useful reviews of the basement and system of the implementation of private implement of anti-monopoly law in China...