The Comments And References Of Private Antitrust Enforcement In The U.S.

Legislations and judicature of the anti-monopoly law originated in the United Stateshave more than120years history. It accumulates abundant legislative and judicialexperiences. Private antitrust enforcement is an important and effective weapon inpreserving free markets, in detecting and punishing antitrust violators, and in deterringfuture violations. Private antitrust enforcement in the U.S. is established earliest in theworld, and it is also the most developed in the world. However,China’s anti-monopolylaw has been come into force until August1,2008, It starts late and develops slowly. Itsobjective situation is extremely serious. Therefore, It is important to analyze the positiveand negative factors of American private antitrust enforcement, discuss theimplementations of the anti-monopoly law in the United States, and find relevant privateantitrust revelations so as to strive for effective implementations of the private antitrustenforcement in China.Private antitrust enforcement is initiated by private parties and its most common wayis private litigation. The differences between private enforcement and public enforcementare the different subjects, the main different purposes and the different ways. TheSherman Act, Clayton Act and Federal Trade Commission Act constitute the core ofAmerican antitrust law. The United States also formulated a series of antitrust applicablelaws. All of these laws constitute the organic component of the antimonopoly law.The successes of American private antitrust enforcement include the treble damagesmotivate private enforcement, private enforcement forms a real deterrent to antitrustbehavior and monopoly violations are under the real punishment. The dilemmas includethe fear of false positives and the lack of confidence in judges and juries to achievecorrect outcomes.At present, the private enforcement problems in China are the inadequate legislation,the harsh coexistence reality of administrative monopoly and economic monopoly, andthe reasonable enforcement mechanisms. The solution is based on the experience ofAmerican private antitrust enforcement.It includes ascertaining responsibility principle,ascertaining method of calculating the amount of compensation, ascertaining banlitigation rights,ascertaining jurisdiction of the court,setting up legal costs borne by themonopoly party system and establishing collective litigation rules.