Research On Private Antitrust Civil Litigation Mechanism

Competition is the soul of market economy and basic rule, but the market itself can not guarantee the free and fair competition. Anti monopoly law is to maintain market competition law, known as the "economic constitution", along with the continuous development of China’s economy and gradually improve. Private antitrust civil litigation as a monopoly tort new ways of relief, and various other specific supporting system effectively, which makes the implementation of anti-monopoly law system and give full play to utility. The world’s major countries and regions of the antitrust practice indicate, establish and perfect private antitrust civil litigation mechanism in promoting the implementation of the anti-monopoly law, clear articulation of litigation subject, administrative enforcement of law plays an important role. Countries and regions of the advanced experience to our country private antitrust civil litigation starting mechanism perfect have important reference value, very worth studying and learning.Through to the private antitrust civil litigation mechanism to start the analysis, from the six major aspects of the study. On private antitrust civil litigation plaintiff qualification in the scope, procedure, that execution mode, group litigation procedure rules and incentive compensation system is established and the corresponding security measures of individual study. Through the study of main countries and regions in the private antitrust civil litigation mechanism to start the main aspects of the experience of the relevant legislation, comparative study, sum up experience, and analyzed the current situation of China’s private antitrust civil litigation starting mechanism in the current situation and obstacles, according to a private antitrust civil litigation related to new laws and regulations, put forward the corresponding suggestions and measures. The article put forward certain indirect purchaser qualification of the plaintiff, further clear responsibility main body, take direct action mode, set up conditional group litigation system, adopts the double compensation principle, introduced discretionary legal aid system suggestions, aiming to improve private antitrust civil litigation mechanism to start the insufficiency, promote private antitrust civil litigation effectiveness.