Of Anti-monopoly Law System Of Private Litigation

The purpose of the antitrust laws is to protect free and fair competition in the market order, in order to better curb the monopolistic conduct. The antitrust laws play important role in the maintenance of order of market competition. More than100countries have established anti-monopoly law to play its due role in the maintenance of free competition in the market order, and promote their healthy development, but the implementation of the different countries are different. Such as the United States through100years of legislative practice and exploration, development and improve the anti-monopoly law to establish and consolidate the implementation mechanism of the Government's anti-monopoly law enforcement agencies, private enforcement to supplement the antitrust laws. U.S. antitrust private implementation of the Practice has proved that:private antitrust implementation plays an irreplaceable role in promoting the development of anti-monopoly law to curb monopolistic conduct and maintain competition in the market.China's private anti-trust litigation that has been neglected, this article refers to the anti-monopoly law private cause of action mainly refers to private anticompetitive conduct of litigation. Although China's "anti-monopoly law was implemented in2008, but only to make general provisions on private anti-trust litigation, which is reflected in the article50:If the operator because the implementation of monopolistic conduct, and to other operators losses, shall bear civil liability, but the method how to antitrust private lawsuit is not specified. Compared with the traditional civil litigation system, private anti-trust litigation system has its own unique meaning and value. So in our country the establishment of private anti-trust litigation system is very necessary.In this paper, the United States, Japan, Germany and other private lawsuit of antitrust law to Sue, damages, jurisdiction establishment was studied by comparison, and based on this, suggestions were put forward to perfect our private lawsuit system of antitrust law.