The Remedy Of Private Enforcement Of Antitrust Law

The enforcement of law has two ways: public enforcement and privateenforcement. The public enforcement of antitrust laws means that a legal act takenby the public authorities for anti-competitive behavior. There is no commondefinition of private enforcement. I think the private enforcement of antitrust lawsmeans that in the proceedings of lawsuit, private parties ask for independent civilaction and civil counterclaim based on antitrust laws. Private enforcement becomesmore and more important, and the most important aims of private enforcement ofantitrust laws is remedy, so scholars from various countries paid more and moreattention to remedy. There are a few clauses refer to the remedy of privateenforcement of antitrust laws. It is not match with the antitrust laws who has thetitle’s economic constitution". The antitrust laws in China not only did not makethem clear that what are relief ways, who is the responsible person, how to relief andthe other issues, but also mix the responsibility in the antitrust law liability and civilliability together, so it is extremely not operable.This paper mainly studies the relief way during the private enforcement ofantitrust law, respectively, from the two angles of the plaintiff and defendant relief.Given a clear definition to private enforcement, the author makes a clear comparisonand analysis among the general rules of remedy in the antitrust laws around theworld. Now the private enforcement of the remedy that each country advocatemainly including filed a suit for damages and the application for injunctionproceedings. This article starts from the constitutive elements of compensation andcompensation model, analysis the rules of competition laws all around the worldcomparatively, advocating the mode of the double compensation in China, andmaking a clear statement from the main body of any compensation and the elementsof compensation in four aspects, and gives some suggestions. For injunctive relief,the author mainly makes analysis and summation from the parties, conditions,behavior types of injunctive relief. in total, and gives some suggestions according tothe legal background of the antitrust laws in China.