Research On The System Of The Antimonopoly Damage Compensation

The antimonopoly damage compensation as an important way of private enforcement, remedy the deficiency of the implementation of public power, when the rights and interests of one party suffers the monopoly damage, the victims can file an antitrust suit for damages. Antitrust damages compensation system, especially the punitive damages not only effectively punish and deter the illegal monopolistic behavior, but also greatly stimulate the enthusiasm about private antitrust damages litigation, ultimately promote the anti-monopoly law to the full and effective implementation. The fiftieth article of China anti-monopoly law"when implementation monopolies operator cause losses to others, they shall bear civil liability according to law" provides a legal basis for the principle of China’s anti-monopoly damages, but the law on damages litigation provisions are too simple to implement. Therefore, we must adapt to the international development trend, to improve system in China’s Antimonopoly law damages, especially the compensation of punitive damages, in order to effectively promote the implementation of China’s anti-monopoly law.The antimonopoly damage compensation refers to private can court for compensation in respect of loss,when they suffer a loss from illegal monopolistic behavior of others. It has the compensatory and punitive. The antimonopoly damage compensation liability is the extension and development of liability for tort damages, compensatory function at the same time.Ti also has its own unique function, namely the punitive function. The antimonopoly damage compensation liability makes up the shortage of application of civil tort liability.lt and the common public law enforcement agencies jointly ensure the implementation of the anti-monopoly law.Elements of the antimonopoly damage compensation liability has the general characteristics of liability for tort damage, but also has its particularity. From the United States, Japan, Germany, and Korea’s constitution on the basis of the analysis,we draw on that elements of anti-monopoly damages mainly includes five aspects:the subject qualification, the illegal act, damage, causal relationship and imputation principle. In addition to determining the amount of compensation, there are three kinds of models in the world:America’s absolute three times compensation mode, Taiwan region’s three times compensation mode,as well as Japan and Germany’s the haploid compensation mode.China’s anti-monopoly law on damages has no specific provisions, so we should learn from foreign experience, to establish our own compensation system. We should be clear about the constitutive elements of compensation, double compensation model, times of compensation. In addition, we also should establish the relevant systems of anti-trust damages, such as the anti-monopoly law enforcement agencies to participate in the litigation, group court.