Research On Compensation Mechanism Of Monopoly Damage

The compensation for damages is an important legal liability in antimonopoly law, as well asa system form to relief rights and interests. Article50of Chinese Antimonopoly Law prescribe thatif undertakings carry out monopoly conduct, and cause losses to others, shall bear civil liability.This oversimplified principle rule is not enough to an integrated system. In order to play effect well,it is necessary to perfect system design. There is not only theoretical significance but also practicalsignificance to study on compensation mechanism under Chinese Antimonopoly Law. This paperis composed of four parts.Chapter one author interprets some theoretical issues about compensation mechanism ofmonopoly damage. First explain the concept of monopoly damages by a case. By analyzing onprotected object, accountability mechanisms and doctrine of liability assumption, authordistinguishes monopoly damages from civil damages and illustrates characters of monopolydamages. Finally, come to the view that features of compensation mechanism of monopolydamage including punitive, deterrence, incentive and procedure equity.Chapter two investigates into monopoly damages of other countries and areas such asAmerican, German, Japan and Taiwan. By introducing each system, clarifies the character of eachsystem.Chapter three makes a comparative analysis about foreign monopoly damages andsummarizes the reference experience of legal countermeasures, which is worth using forconstructing China’s compensation mechanism. The analysis mainly focuses on the value level ofthree system samples which contain rights protection, economic efficiency and privateimplementation incentive. The dissection is also made on three aspects: persons who claim fordamages, the amount of damages and the role of law enforcement played in the system. In this part,author focus on the advantages and disadvantages of each system.Chapter four begins with a brief comment on China’s legislation of monopoly damages.Author comes to the build path of China’s compensation mechanism of monopoly damage fromthe choice of the system model, constituent elements and auxiliary system. China’s compensationmechanism should choose punitive damages, explicit the causation, including no-fault liabilities, persons who claim for damages, yardstick method and before-and-after method, and enhance thebinding effect of the anti-monopoly executive agencies’ investigation.