The Research On Antitrust Private Litigation

As an important part of economic law, antitrust law’s importance has been accepted generally in the economic life, so, the academia call the antitrust law as Economic Constitution. The life of law lies in the implementation, antitrust private enforcement is an importance way of antitrust implement, it mainly refers to a civil action in which the private party is injured by monopolist who violates antitrust law. However, comparing with the civil action, the antitrust private litigation has very different characteristics, such as plaintiff, evidence and burden of proof, at the same time, the civil action doesn’t have compensation function, deterrent function and relief function which manifested in the antitrust private litigation. Besides, in the implementation mechanism of the antitrust law, the private enforcement is also different from public enforcement, to reach effective implementation of the antitrust law, the conflict of two parties has to been well done.Antitrust private litigation is first invented in the United States, the most distinctive feature of which is its severe punitive compensation, besides, antitrust private litigation of the united state stipulates some rules about execution mode, plaintiff qualification and burden of proof. After entering the21st century, more and more countries recognize the importance of antitrust private litigation, set about supplementing and improving relevant rules of the private litigation. Our country’s Antitrust Law comes into effect since2008, illegal monopoly behavior has been contained in a degree, but comparing with the implementation of the abroad private litigation, owning to the regulations about private litigation is too simple and crude in our Antitrust Law, the result of which is not satisfied. June1,2012, On the Related Provisions of Interpretations of the Supreme People’s Court on Some Issues Concerning the Application of Laws for the Trial of Antitrust Dispute Case came into effect, it corrects relevant some weakness about private litigation in the Antitrust Law, however, the victims still face lots of difficulties while bringing private litigation, such as the burden of proof which arouses scholars’dispute. So improving our antitrust private litigation still has a long way to go.At present, our antitrust private litigation is not mature, great importance has to be attached to the questions and the weaknesses of which, based on using abroad developed experiences, we could improve our private litigation combing with actual national conditions. In the entity system, we could build assignable double damages compensation system, complemented by limited injunction before action. In the procedural system, we should add connected rules between administrative enforcement of law and private litigation, build reasonable plaintiff qualification standard and group action system, with regard to the difficult situation of plaintiff’s proof, we should build burden of proof in reverse rules.