Anti-trust Private Enforcement Regime

The law obtains the real life through the implementation .The private enforcement is an important and necessary component of the antimonopoly law implementation mechanism, it constituted the effective enforcement of antimonopoly law together with public entity's execution, has very important system value. Private enforcement is not only the way from which the victim of the illegal activities seek the compensation and the relief, but also the stronger deterrence to monopolistic actors, patch to enforcement failure of the antitrust authority, thus bitterly realizes the core goal and law value of our antimonopoly law:"to protect fair competition and consumer benefit".Our 2007 "Antimonopoly law" symbolizes that China officially step on the road to abate and control the monopoly. But as a result of historical and the reality reason, our antimonopoly law only carried on the sense of principle by a law to the private enforcement, to declare the stipulation, the importance of private enforcement is not obtained and manifested, that causes the practice effect not to be ideal directly, the legal regime safeguard could not respond the practice request form the private enforcement of antimonopoly. Facing to country present counter-monopoly , contrasting the limitation of public enforcement, it is become an urgent duty to establish a perfectly effective private enforcement mechanism, there are things need to do: establish the pattern of direct suit, introduce the triple damages system, reform our present class lawsuit rule, entrust the right of suit to consumer—protect , simultaneously strengthen the support and assistance form the public agency to private person.。ChapterⅠOverview on the private enforcement of anti-monopoly law This part mainly introduce the " private enforcement "theory,the concept of private enforcement of anti-monopoly law ,its methods, history and Development.ChapterⅡComparative analysis on the public enforcement and private enforcement of anti-monopoly on both the specific comparative advantages and limitations, point out the special significance of private enforcement: its punitive compensation can produce a powerful deterrent effect, and effectively solve the "government failure" of public enforcement, to make up for the limitations of the latter and play an active oversight role.ChapterⅢPrivate enforcement of Chinese anti-monopoly law Examine assignment of our anti-monopoly law, its enforcement and the obstacles, give some recommendations for a truly private enforcement mechanism.