Study Of Private Anti-trust Litigation System

In this paper, the object of study is an important aspect of the antimonopoly law damages system: the system of antimonopoly private action, focusing on its necessity of antimonopoly private action, and the design of a comprehensive and effective system of antimonopoly private action.Starting from the basic theory, this paper will expatiate the specific systems of antimonopoly private action systematically, protruding its irreplaceable role in the implementation of the antimonopoly law, with a view to perfect our country's system of antimonopoly private action. Especially in China, the tradition focus on the public enforcement but ignores private action and China's current antimonopoly law on private litigation was too simple, only in article 50 provides that: the business operators that implement the monopolistic conduct and cause damages to others shall bear the civil liability according to law. Clearly, China's antitrust private action system, both substantiality and procedure have yet to be further improved. This stage, study on the system of antimonopoly private action is particularly significant and is a more practical significance on the Construction of China's system of private action.Using a comparative study methodology, at the same time using historical analysis, empirical analysis, sociological analysis and so on study methodology, this paper compares across the world's major countries and regions' antitrust such as the United States, European Union and Japan, the Legislative Council and try to find the anti-monopoly law enforcement (antitrust damages System), the general trend of legislation. Research has shown that although the different national conditions and traditions, the anti-monopoly law specific systems design differences, but they all spontaneously began advocate and actively promote private litigation forces in the implementation of the anti-monopoly law to play a role. The common characteristics and the general trend of Anti-monopoly legislation is that more and more antimonopoly law damages lawsuit to be heard, the restrictions are getting smaller and smaller, and more measures are adopted to encourage private enforcement of the antimonopoly law.The main content of this paper is that: in China, antimonopoly private action is absolutely necessary, and it is feasible, but China's system of antimonopoly private action needs improving. The effective implementation of the antimonopoly law, as well as its achievement of the objectives of legislation to a large extent depends on its implementation. The implementation can be used in two modes: One is the public enforcement model, that is, from the implementation of public enforcement agencies; the other is the private enforcement model in which the private sector through national institutions to protect themselves from abuse violations. This paper refers to the private bring action to the court against the anti-monopoly damages, that is, antimonopoly private action. Antimonopoly law legislation designed to promote the overall economic efficiency and consumers' welfare, and the main purpose of law enforcement is to prevent violations and corrective justice. The means of antimonopoly law enforcement is to achieve these objectives. If just public enforcement, there will be many problems, it is difficult to guarantee the realization of these goals. For example, public enforcement agencies lack of resources, easily captured by the regulators, government failures and so on. And allow private action against damages (which allows private enforcement) those problems can be solved or eased, and can help to better achieve the objective pursued by the antimonopoly law. Antimonopoly private action play considerable positive role: private enterprise may be more sensitive than a government department to anti-competitive conduct; which can effectively reduce the powers of intervention from the government; which can make up for the inadequacy of the legal resources. However, as the complexity of the antimonopoly law, and the related litigation system is not perfect enough, the private file damages lawsuits often face numerous obstacles, it was necessary to specialize specific system in antimonopoly law, to remove or mitigate these barriers.