Research Of Standing Of Plaintiff In Private Action In The Abuse Of Market Dominant Position

As the core of Economic Law, the Anti-monopoly Law is evidentlyimportant in adjusting the competitive relationship which has been known as the“Economic Constitution” in German and the “Magna Charta of free enterprise” inAmerica. Relatively, it is indispensable that civil action as a way of enforcing theAnti-monopoly Law. Because the Civil Action can not only cover the shortage ofpublic enforcement, but protect the rights of the patentee. As the most critical link inthe anti-monopoly Civil Action, plaintiff qualification is related to initiation oflitigation. Otherwise, jurisdiction, certification and other point of order will beimpossible.Therefore, while the standing of plaintiff in the Private Action which is theinitiate of the procedural safeguard will be a logical starting point in this article, weeventually come to a conclusion that there need a different standing of plaintiff inCivil Action in the abuse of Market Dominant Position by analyzing the situation ofthe litigation in our country, and combining with related system in Europe and theUnited States and right theory of civil litigation. According to the regulation ofAnti-monopoly Law, the purpose of legislation and qualification of plaintiff in thecivil procedure, we should give consumers the plaintiff qualifications whose interestswere damaged by abuse of dominant market position to encourage them toparticipate the enforcement of Anti-monopoly Law, and competitors who tend tohave a better competition environment. In addition, we could confer some socialorganizations standing which can make up the deficiency of individual plaintiff inthe lawsuit. However, given the strategic abuse of litigation and other negativefactors, we must treat the expansion of plaintiff dialectically, and we should limit thequalification appropriately by making the standard.