Researching On The Damage Action Of The Anti-trust Law, In The Perspective Of The Plaintiff’s Interest

There is no denying that the fact in recent years, private anti-monopoly civilactions are gradually increasing. However, no matter from the number of cases orfrom the point of effect, there is a big gap between the public enforcement and privateenforcement. The gap arises from not only the different systems, but the difficulties,the plaintiff facing, which mainly for the litigation qualification, the week status, highcosts, and high pressure to prove. The action, on one hand, aims to make up for theplaintiff’s loss. On the other hand, it enforces the antitrust law in detail. This paperin the perspective of the plaintiff, in-depth analyses the plaintiff’s weak position in thedamages actions for breaching of antitrust law, makes interpretation and thesuggestion of the concrete system, which protecting the plaintiff, hopes tofundamentally change the current plight of the plaintiff in the lawsuit, motivates theplaintiff filing antitrust actions, and consummates our country’s antitrust executionstyle. In addition to the introduction and conclusion, the paper mainly includes thefollowing five parts:The first part，the basic theory of the damage action of antitrust. This part mainlycontains the connotation of the damage action of antitrust, the particularity of theaction and the significance of the lawsuit.The second part, the plaintiff’s the plight in the damage actions of antitrust. Thispart totally introduces the judicial practice of the actions in our country. Citing sometypical cases to analyze the dilemma of the plaintiff in the lawsuit, which includes theweak position of the action and high litigation costs.The third part, other countries’ theories and practice. In this part, we willintroduce relative system of the United States, the European Union, Japan, and make asimple comparison.The fourth part, the consummation of the actions’ system. This part mainlydiscusses the plaintiff’s qualification, jurisdiction, evidence system and litigation costssystem. The fifth part, other institution to consummate the lawsuit. This part mainlycovers the administrative enforcement and private enforcement’s relationship, thecoordination between the anti-monopoly administrative organization and the presidingcourt, class action and expert evidence, etc.