The Research On The Coordination Of Antitrust Civil Litigation And Administrative Enforcement

The implementation of the Anti-monopoly law includes publicimplementation and private implementation. Antitrust administrativeenforcement and civil action respectively is an important part of thepublic and private implementation. However, there are many conflicts inthe specific operation, including start the program of conflict, competingprogram of conflict and the successor program of conflict.In the start program, there are two legislative modes of foreigncountries: front mode of administrative procedure and non-front mode ofadministrative procedure. The non-front mode of administrativeprocedure is legislative trend.In the competing program, the court should not suspend the trial inprinciple. But, the court could suspend the trial in exceptionalcircumstances. In addition, the court and the executive should strengthencommunication and coordination, including the executive authoritiesprovides advice to the court and the court obtains relevant material fromthe executive authorities.In the successor program, subsequent administrative enforcement and subsequent civil action should be distinguished.Finally, coordination mechanisms outside the case should be activelyexplored, such as to play the role of judicial recommendations and theestablishment of the normal mechanisms for information exchange.