The Discussion Of The Private Enforcement Of Antimonopoly Law

As a crucial economic law, which protects the market competition and the marketcompetition order, the antimonopoly law plays a significant role in the protection ofoperators’ and consumers’ legitimate rights and interests and public interests. How toapply the antimonopoly law into the antimonopoly practice is the core of thegovernment’s concern. The newest judicial interpretation of Anti-monopoly Law of thePeople’s Republic of China, issued on1stJune2012, answered several proceduralquestions, but also withdraw itself from controversial arguments.Depending on the means of relief, the implementation of antimonopoly law canbe divided into two parts, public enforcement and private enforcement. As the mostimportant part of private enforcement, which embodies the essence of personalanti-trust relief actions, antimonopoly action for damages will be circumstantiallyanalyzed.For the purpose of damages, victims of monopolization usually join in theantitrust civil litigation to get financial reimbursement. Combined with the basicprinciples of civil proceedings, the antimonopoly action for damages will be discussedin detail. This thesis focused on four aspects. Firstly, the discussion on the contesting parties is very necessary, which determined the scope of our attention. Secondly, theconstruction of compensation for damages will be deliberated, which helps thesufferers meet the requirements for obtaining damages. With respect to liabilities fordamages, the thesis will also research the necessity and rationality of punitivedamages and some advices on the penalizing solatia will be given. In the mean time,evidences, testimonies and the allocation of the burden of proof will be also involved.Last but not least, the thesis will pay close intention to contentious procedure, throughwhich the aggrieved party can get indemnities.