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The Research On Plaintiff Qualification In Private Anti-trust Litigation

Posted on:2014-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:W H ChenFull Text:PDF
GTID:2256330392963961Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Determine the plaintiff qualification is the most important part of building private antitrustlitigation system. This not only helps to the relief of the victims’ rights, but also conducive to thegoals of antitrust laws. The provision of article fiftieth of the anti-monopoly law is vaguelanguage and lack of operability. Other countries often by granting competitors, consumers andother a wide range of private antitrust litigation qualification. They want through the form ofclass action to promote the enforcement of anti-monopoly law. Under the present legalframework of China, we should be carried out to improve the judicial interpretation, and guidingcases, or modify the anti-monopoly law, civil procedure law and other forms. We also should beclear and extended the range of antitrust private litigation plaintiff to promote the effectiveimplementation of anti-monopoly law.This article first elaborated the definition, standard and necessity of antitrust privatelitigation plaintiff qualification. Combined with the legislative status quo and status ofimplementation of China on antitrust private litigation plaintiff qualification, this article analyzesthe problems and shortcomings of existing in our country, and introduced the three types ofmonopoly behavior of subject identification. Then, this article examines the foreign plaintiffqualification system of antimonopoly private action and comparing the status of legislation andjudicial practice in these countries. It also starting from three aspects of competitors, buyers, andcommunity groups to study and set out their respective advantages and disadvantages ofcombination of country-specific background. Finally, make the concept of perfect our countryantimonopoly private litigation plaintiff qualification. In the premise of "damage" standard, weshould give competitors, indirect purchaser, the final consumer and community groups to sue,and the introduction of class action is needed. All of these dissertate are expectations for theconstruction of China’s system of antimonopoly private action to provide reference.
Keywords/Search Tags:Anti-monopoly law, Antitrust private litigation, Plaintiff qualification, Indirect purchaser, Class action
PDF Full Text Request
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