The Research On Antitrust Private Litigation

The antitrust law as the great charter of economy, is an important part of economic law.The life of law is implemented. The effective implementation of antitrust law is relied on the mutual cooperation of public enforcement and private enforcement. Private antitrust litigation is an important method of private enforcement. It is a civil action in which a private party is injured by another private party as a result of a violation of the antitrust law.The United States introducted antitrust private litigation in legislation and practice at first. Approximately ninety percent of antitrust litigations are caused by the private sector. More and more countries and regions recognize the importance of antitrust private litigation, improving the rules in antitrust law, to promote the implementation of antitrust private action. Our antitrust law is implemented from August 1,2008,.Throughout our antitrust law,the fifth term clearly states that the "monopoly act operators, causing losses to others, shall bear civil liability. ". It is very general and specific operability is not strong. And China has the traditional of focusing on the implementation of public power and neglect of private power implementation.The private victims have week Awareness of rights,coupled with the special circumstances of administrative monopoly,so the private antitrust action is facing more difficulties.Seeing our more than two years private antitrust litigation since the first case,victims as the plaintiff win are little,apart from a small settlement close the case,the effect is not Satisfactory. Thus, facilitating the system of our private antitrust litigation to promote better implementation of anti-monopoly law is an important issue.This paper tries to explore the content of the antitrust private action,using a comparative analysis by inspecting the system of foreign countries especially the United States.Combined with the implementation of antitrust private litigation status, seeking to maximize the use of local resources, introducing the foreign countries' system,to promote the implementation of antitrust private action. This article mainly using the method of comparative analysis and adopting both the historical and empirical analysis, is divided into six parts. The first chapter, is introduction, including the background, purpose,significance,literature review and research methods of this article. The second chapter analyzes the concept, the character and the significance of antitrust private action in theory and represents the relation between antitrust private action and public implementation. The third part compares the contents of legislation in the United States, Japan and the European Union and particularly analyzes the specific systems of damages, class action, evidence collection, the help of antitrust authority on private antitrust litigation and so on. The forth part analyzes the difficulties of private antitrust litigation in our country.And for this, in the fifth part, I put forward some of my own humble opinions, including the appropriate expansion of the plaintiff qualifications, given the jurisdiction to the higher courts, selecting the direct execution of private antitrust litigation model, establishing assigned three times the damages system, introducing and improving the group litigation system, providing a longer limitation and strengthening the support of antitrust authorities on private antitrust litigation. The last chapter is the conclusion, as a summary of this article.It pointes out that the importance of antitrust private litigation, proposes the necessity of the establishment of the system of private antitrust litigation,and stresses the effective implementation of anti-monopoly law can not do without each person's participation.