Study On The Plaintiff Standing Of Antitrust Private Action

Private action is one of the ways regarding to Private enforcement ofAnti-monopoly law (hereafter refer to AML). The private action mechanism of AMLin China has been established in Article50of “Anti-monopoly Law of People’sRepublic of China”. However, it is hardly to bring a antitrust private action practicallyresulting from the simple and general clause. Therefore an essential link of theimplementation of AML in China is lack off. On April,2011the Supreme Courtissued the draft version of judicial interpretation on civil litigation of AML to stipulatethe specific conditions and content regard to civil litigation of AML, but the judicialinterpretation has not been issued formally to this day. The plaintiff standing is thebeginning of the private action, the author will do a comprehensive study and researchon the private action mechanism in foreign countries in order to contribute to theprivate action institution of AML in China.The thesis is divided into four parts:Chapter one is the general theories concerning the private enforcement of AML.It is discussed that the disadvantage of public enforcement and the theory of privateenforcement of law in this part in order to indicate the necessity and advantage ofprivate enforcement. In AML field, private enforcement will be more functional thanother legal area. In these days private enforcement in antitrust law should have beenenhanced in many countries. Chapter two is start with the function of private action. Antitrust private actionwith the nature of enforcement law is different from civil litigation. To demonstratethe standard of plaintiff’s standing makes important sense to the establishment ofantitrust private action mechanism, meanwhile the scope of plaintiff decides thefunction of private action is enforce the AML. The standard damage and influencewill be introduced in this part.The standard of indirect purchaser is introduced and discussed in Chapter three.The concept indirect purchaser is the most important concept in private action, manyother standards are extend from the indirect purchaser, such as passing-on defense,class action, representative action.The author will introduce legislation and practice of the private action in China,and to compare the first draft version of judicial interpretation on civil litigation ofAML with version two, in the basic of this, the author shall set forth some suggestionsto the private action mechanism of China.