Comparative Study Of Standing In Private Enforcement Of Antimonopoly Law

Owing to lots of deficiency and inefficiency existed in public enforcement of antimonopoly laws, many countries and regions have been actively advocating and promoting private power to play an important role in the antimonopoly laws’ enforcement mechanism. Private enforcement is actually an indispensable supplement to public enforcement in the field of antimonopoly. While in private enforcement system, to determine the standing is the first prerequisite to start private enforcement and there is no private enforcement of antimonopoly if without plaintiff. However, because the volume of victims of monopoly cases is often very huge, the determination of standing, i.e., who is qualified for acting as a plaintiff, is extremely complicated. Regarding this aspect, regulations on how to determine the standing in other countries and regions have their own merits and demerits. Traditionally, China attaches more importance to the safeguard function of public power in the field of public laws, while neglect private power. The regulations on private enforcement of The Anti-monopoly Law of The People’s Republic of China is too rough, hard to implement and barely touch the standing. Thereby, basing on comparative study on other countries’relatively mature standing system in private enforcement of antimonopoly laws, this paper is assumed to explore and summarize relevant principles, methods and scope of standing determination suitable for private enforcement in our country’s antimonopoly laws.This paper consists of three parts:Section 1 mainly introduce basic concepts, ways and functions of private enforcement in antimonopoly laws and the significance of standing determination for private enforcement in order to get an overall knowledge of private enforcement’s standing. Sections 2 comprehensively expound and compare private enforcement systems in antimonopoly laws of other countries and regions that are advanced in this field, then analyze their similarities and differences with regard to standing determination, and then dig into and reveal some principles and evolving trends. Sections 3 put forward groups of valuable proposals to our country’s standing determination in private enforcement of antimonopoly laws.