Judicial Determination Of Anti Monopoly Damage Compensation In Our Country

Compensation for damages of anti-monopoly is a kind of civil remedies for monopolyvictims under the law. It is also the responsibility that monopoly behaviors must take. Theregulations of compensation for damages of anti-monopoly contributes to theimplementation of Anti-monopoly Law. However, in the view of specification, the fiftietharticle of Chinese Anti-monopoly is an induced norm at all. And it lacks the feasibility inpractice. We can induce compensation for damages of anti-monopoly into the special tortconduct, and also distinguish from the compensation damages of general tort at the matterof damages of monopoly, distribution of evidential burden, calculation of damages,compensation ratio and so on. In order to guide judicial determination on compensationfor damages of anti-monopoly of China, this thesis will analyze the differences betweencompensation for damage of anti-monopoly and compensation for damages of general torton judicial determination, and make clear the establishment and the identification ofamount of compensation for damages of anti-monopoly by combining domestic andforeign related cases about identification of compensation for damages of anti-monopoly,starting from legislation of it in our country.