Anti Monopoly Law Public Enforcement And Private Enforcement Of Conflict And Coordination

Known as the "economic constitution","Magna Carta of free enterprise," the antitrust laws, its implementation could use both public and private resources. Can be called a public implementation of any action taken by the antitrust authorities of the anti-competitive behavior; In addition to the antitrust authorities institutions, private market participants in the implementation of anti-monopoly law also plays an important role in this implementation by the private launch of the anti-monopoly law referred to as a private implementation. Private implementation of the anti-monopoly law, scholars from various countries have a lot of discussion and analysis, and gradually clear in his discussion of the role, status and legal basis of the content, but in theory and practice is easy to produceand public implementation of the competing issues for in-depth study less.Anti-monopoly law public enforcement is the executive power of early intervention, private implementation stressed is the importance of the judicial power. Either by anti-monopoly law enforcement agencies in charge of the people’s court by private parties directly filed an action for damages in the same case, the objective is the formation of the power of the executive and judicial branches at the same time exercise the identified illegal monopolistic behavior, it is inevitable in the publicthe implementation of a direct conflict with the private implementation of the applicable. Also, because the purpose of public enforcement and private implementation, standards, and the idea is different, will inevitably lead to public enforcement of antitrust laws and private implementation during operation, the implementation of procedures and other aspects of the contradictions and conflicts. Most countries is still a public implementation of private in this case, implementation and public implementation of the program starts, the program is running and subsequent litigation are possible coordination, how to deal with the relationship between the two, the more favorable anti-trustthe implementation, become an important issue. The only public implementation of the private implementation of the two coordinated to make anti-monopoly law and implementation of health development.From both the basis of a clear anti-monopoly law on public implementation of the private implementation of the general cognitive laid the full text of discourse; then the program starts, the program is running, as well as follow-up litigation three aspects of the performance of possible conflicts, introduced extraterritorial countries to coordinate thisthe general practice of the conflict, provide a reference for China’s anti-monopoly law; the entire field of view back to the status of implementation of China’s anti-monopoly law to expand the legal provisions of the existing anti-monopoly law in China, combined with the general practice of judicial practice in China,public implementation of the Antimonopoly Law, and the construction of the private implementation of the coordination mechanisms of conflict offer some suggestions. This article based on the feelings of China’s national conditions, China’s anti-monopoly law should be based on public implementation, the private implementation as a public implementation of support are also essential; the same time, the implementation of the private implementation of sufficient support in order for itscreate conditions for development and to provide appropriate space, special attention is a public implementation also implement appropriate restrictions on the private, to avoid the waste of social resources, and the only way to properly play the role of the private implementation. Analysis and discussion of the article, public implementation and private implementation of conflict and co-ordination of research has certain theoretical and practical significance.This paper designed a total of four parts:Part I Introduction on topics of significance, background, domestic and international research, research method and the main content Summary; the second part of the anti-monopoly law enforcement regimes Overview This section introducespublic implementation of the anti-monopoly law and private implementation of the general analysis of the position and role in the implementation of both the pros and cons in the implementation of an analysis, to lay a theoretical foundation for the next exposition; the third part of national anti-public monopoly law implementation and the private implementation of conflict and coordination problems experience, mainly by proposing to introduce the basic provisions of the United States, Germany, Japan and other countries, and to make analysis and comment, and hope to get inspiration from, so as to build for Chinamechanism to provide practical experience; the status of implementation of part IV for China’s anti-monopoly law, including the processing rules for their coordination in the current law and judicial practice, to understanding and analysis of China to coordinate the relationship between the two, and coordination of public implementation for ourwith the construction of the private implementation of the mechanism for Conflict recommendations, this section is the core of the paper.