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The Research On Private Implementation Of Antitrust Laws System

Posted on:2013-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:X XieFull Text:PDF
GTID:2246330374990273Subject:Law
Abstract/Summary:PDF Full Text Request
China Telecom and China Unicom who was involved in the alleged monopolycase has caused great social repercussions within a short time in China in the year of2011. As we known,since the promulgation and implementation of the2008anti-monopoly law,it is rarely applied in actual cases.But this case shows Chinaanti-monopoly law is being gradually implemented although it has lots of lack.China’s traditional value is the protection of public power, while ignoring the privatepower play. It has an important role in the improvement of the Antimonopoly Law ifprivate relief system is applied in Anti-trust field.From the current situation of China ’s private anti-trust legislation of theimplementation of the system has clearly defined the existence of antitrust privatelitigation and antitrust private supervision. In particular, antitrust litigation, and hasenacted a specific enforcement provisions. There are many reasons for the anti-trustprivate enforcement status does not optimistic. From Private anti-trust system forimplementation’s the results of legal analysis and value analysis, it promotingChina’s economic development and social development importantly.The system wasfirst developed in the United States, has a complete entity, program system, andpositive legal and social effects. Then,Japan introduced into the system, Japan ’sAntimonopoly Law transplant process and the process of adaptation has a certainextent similar to our country,for China also has a certain reference.China can refer toan existing system. and the two countries have been compared with our existingantitrust private enforcement system analysis to identify measures to improve China ’sprivate anti-trust.Anti-trust private implementation of the application of the system can improve theeffect of the implementation of domestic anti-monopoly law, maintain the order ofmarket competition, ensuring economic development. With economic globalizationand the globalization of markets, whether in economic policy or legal environment,we should maintain synchronization with the trend of world unity.
Keywords/Search Tags:anti-monopoly law, private implementation of the legal system, legaleffect, compensation for damage
PDF Full Text Request
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