The Research On Plaintiff Qualification In Private Anti-trust Litigation

Private litigation is regarded as one of the important ways in enforcement of Antitrust Law. However, the definition of plaint qualification is the primary part of private action in Anti-monopoly Law, which is guarantee of victim’s right to relief and contributes to achieving the objectives of legislation of Antitrust Law.Article50of "Anti-monopoly Law of People’s Republic of China" prescribed antitrust private action system, but it is lack of details and practicality. The Anti-monopoly Civil Litigation Law, enacted by Supreme People’s Court on May4in2012, perfected the system, but there are still some problems. The problem of plaintiff qualification is the origin of all litigation. Compared with relevant systems of other countries, some initial suggestions were put forward in plaintiff qualification perspective.This paper is divided into three parts.Chapter1mainly discussed the plaintiff qualification of antitrust private action. According to analysis of connotation of antitrust private action, the researching point of this thesis is antitrust private action explicitly, namely the illegal activities can be prosecuted directly by private entity whose self-interest is attacked by restrict competitive behavior can file the civil lawsuit independently. Secondly, mainly introduced the generic standards of plaintiff qualification of anti-monopoly private litigation, including standards of injury and influence as representatives of American and Germany respectively. In the second place, the interest of litigation is suitable for establishment of plaintiff regulation of anti-monopoly private litigation by means of analyzing the conflict between the theory of suitable plaintiff and anti-monopoly private litigation and making use of advantages of the interest of litigation in theory. At last, chapter1made a clear distinction with possible plaintiffs, including competitors, specific organization, direct and indirect purchasers.Chapter2summarized all the pros and cons by ways of interpreting legislation and legal precedent of anti-monopoly private litigation in American, Germany and EU respectively from the view of competitors, specific organization and indirect purchasers. The experiences should be used to perfect domestic relevant legislation in establishment of relevant regulations.Through critiquing the Article50of "Anti-monopoly Law of People’s Republic of China" and civil litigation of AML, chapter3analyzed the status, realistic difficulties and system deficiency of plaintiff qualification of AML. Besides, chapter4put forward the recent and future goals of defining the plaintiff qualification of specific organization and advices upon regulations of plaintiff qualification of indirect purchasers on the theory basis combined with domestic realities.