The Qualifications Of The Plaintiff In Anti-monopoly Private Actions

The thesis consists of four parts.The introductory section outlines the background, the significance of topics, the current academic study of the problem and the research methods. The thesis also gives a clear opinion that the article50of the China’s Anti-monopoly Law and the Directory on the monopoly civil hearing disputes provisions (draft) are too general in legislation. Therefore it is of great importance to perfect the private action system in monopoly lawsuit and offer some suggestions in the establishments of standing in private action.The first chapter deals with the concept of private antitrust action, which means the victims whose rights are violated in the monopoly, can raise a lawsuit to the court. The standing in private anti-trust action will enable the victims to represent their plaintiffs’ rights and obligations in the antitrust litigations. Also this chapter classifies the plaintiffs into three types, the competitors, the implied victims and group victims.The second chapter discovers the factors that should be taken into consideration, when make a judgment about the standing in anti-monopoly private actions. The factors include the social policy, the civil rights, the purpose of anti-trust and so on. The US model will be presented to illustrate. In addition, two factors, which are used to identify the plaintiff’s status, are the detriments and the influence.The third part deals with the legislation and precedents in American, European Union, German, Japan and UK. The emphasis is placed on competitors, indirect purchasers and group victims, which will provide some useful solutions to the establishment of the standing in anti-monopoly private actions.The fourth part discusses the Fiftieth Article of the China’s Anti-monopoly Law and the Directory on the monopoly civil hearing disputes provisions of the (draft), which will outline the current situation of the standing in anti-monopoly private actions. Although great achievements have been made since the law came into practice, the general nature of the law has resulted in many problems when applying the law. In conclusion, the author suggests that we should take advantage of the judicial interpretation to modify the indirect purchasers and social community’s qualifications in the standing in anti-monopoly private actions.