Research The Application On The Punitive Damages Of Anti-Monopoly Law

In the United States and Taiwan, anti-monopoly law, the punitive damagessystem has matured. Private enforcement, provide the public chances to become animportant driving force of private enforcement. Victims sue, in order to implement theanti-monopoly law. But they not only safeguard their legitimate rights, but alsoacheive the legislative purpose of the antitrust laws, that is, to achieve deterrenceagainst offenders.Unfortunately, China’s "anti-monopoly law"50only provides for civil liability.We can not decipher from the connotation of punitive damages. In April2011, theSupreme Court announced the "Supreme People’s Court case law applicable to anumber of issues on the monopoly (draft)", sent the anti-monopoly law article50under the civil liability interpretation of compensatory liability for damages. Suchterms fail to highlight the characteristics of anti-monopoly law, at the same time alsofail to carry the historical mission, which is to sanction the monopoly, of the antitrust.Therefore there is necessity to demonstrate the application of punitive damages in theantitrust laws,under our existing conditions and to improve China’s anti-trust damages.The paper tries to be logical and promoting the discussion in a clear way. The body, inaddition to the guide implication, is divided into four chapters. The fist chapter discuss the implementation of the Antimonopoly Law.Nowadays, our law enforcement status be summarized that public enforcement isAbsent and private enforcement is not enough. However, the actual situation is not thelack of monopoly or the victim, but the intensity of enforcement is simply inadequate.Public enforcement has its inherent shortcomings. But it is because of insufficientincentives that lead to lack of implementation.The second chapter put forward measures to breakthrough the Conflict inanti-monopoly law, that is to introduce punitive damages. First analysis the uniqueadvantages of private enforcement. Followed within the private enforcement to findthe factors that motivate litigation. And concluded that punitive damages in privateenforcement has an irreplaceable driving force.The third chapter analyse the application of punitive damages in the antitrustlaws. Historical analysis shows that the implementation of punitive damages is asummary of the national legislative experience, and at the same time is futurelegislative trend; legal analysis shows that the punitive damages have irreplaceableadvantages in the system function, fully realizating of the deterrent effect of theanti-monopoly law; law and economics analysis shows that punitive damages canbring about optimal enforcement costs.The forth chapter commits to build our country’s anti-monopoly punitivedamages system，especially on the multiples in a more detailed decision. China shouldnot choose the discretion of multiples nor absolute three times in the legislation.Ultimately the most appropriate conclusion will be double damages. At the same time,the forth chapter briefly construct the punitive damages system.