Research On The Class Action Of Antitrust In China

Since the Anti-monopoly Law of the People’s Republic of China was made, it is possibleto relief by an action at law if he wants to be indemnified for the monopolistic behaviour,article50of the Act provides that, if undertakings carry out monopoly conduct, and causelosses to others, shall bear civil liability according to law.Because this article was too simple,and lack of specific rules and operable rules, and with the characteristic of small amounts andmany cases for damages because of alleged antitrust conduct, makes the the system ofseparate lawsuits and representative lawsuits are not very good at the monopoly remedy.Onsome issues in the adjudication of civil dispute cases related monopolistic behavior, which hasalready come into force on June1st in2012, makes a progress in the private enforcement ofAnti-monopoly, but as an important procedure or tools in the private enforcement ofAnti-monopoly, the class action of antitrust system have not established.Based on the analysisof the private enforcement of Anti-monopoly in our country and the American experience inthe class action of antitrust, put forward some suggestions in the system construction andprotection for the class action of antitrust, wish to add some help and advice about theresearch on the class action of antitrust in China. This paper is divided into four parts:The first part, mainly about the necessity and feasibility analyses of the class action ofantitrust in China.From the analysis of the state for monopoly civil which is lack for relife,analyzes its advantage in the antitrust remedy for the class action of antitrust, and demonstratethat it is necessary to establish the class action of antitrust in China for improve current states.And from the popular base, the disorder of administrative law enforcement, the rule oflaw,and the judicial practices, analized the feasibility of the class action of antitrust in China.The second part, mainly about the applicable condition of the class action of antitrust inAmerica and analyzes its referencing meaning to China. The system and practice of the classaction of antitrust in America have primary significances, and the class action of antitrust inAmerica is a relatively mature system. The treble damages in US antitrust law, the opt-out andthe commission system have important research meanings.This part will explore the applicable condition of the class action of antitrust in America, hope to provide usefulexperience for the relevant systems in our country.The third part, mainly about the institutional barriers of the class action of antitrust inChina. This part put forward some institutional barriers of the class action of antitrust in ourpresent national conditions.The fouth part, mainly about the realization of the system of the antitrustin class action inChina from the implementation patterns and the safeguard mechanism. On the one hand,integrating the relevant rules of the judicial interpretation for antitrustin, proposes therealization of the system of the antitrustin class action in China from five aspects, which arethe plaintiff’s qualification, the injured action model,the distribution of proof-collectingresponsibilities, the compensation liability, and the litigation costs.On the other hand,proposes the safeguard mechanism for the system of the antitrustin class action in China fromfour aspects, which are the incentives for the victims who can spirit up the civil actions, thesettlement system out of litigation between the victims and the monopoly subject, thecoordination mechanisms between the victims and the public organizations, and the restrictionsystem for the abuse of suit right.