The Qualifications Of The Plaintiff In Anti-monopoly Private Actions

Private action is one of the ways regarding to Private enforcement ofAnti-monopoly law (hereafter refer to AML). The private action mechanism of AMLin China has been established in Article50of “Anti-monopoly Law of People’sRepublic of China”. However, it is hardly to bring a antitrust private action practicallyresulting from the simple and general clause. Therefore an essential link of theimplementation of AML in China is lack off. The plaintiff standing is the beginning ofthe private action, the author will do a comprehensive study and research on theprivate action mechanism in foreign countries in order to contribute to the privateaction institution of AML in China.The thesis consists of four parts：The introductory section outlines the background, the significance of topics，thecurrent academic study of the problem and the research methods. The thesis alsogives aclear opinion that the article50of the China’s Anti-monopoly Law and theDirectory onthe monopoly civil hearing disputes provisions are too general inlegislation.Therefore it is of great importance to perfect the private action system in monopoly lawsuitand offer some suggestions in the establishments of standing inprivate action.The first chapter discusses the Fiftieth Article of the China’s Anti-monopoly Lawand the Directory on the monopoly civil hearing disputes provisions of the (draft),which will outline the current situation of the standing in anti-monopoly privateactions. Althoughgreat achievements have been made since the law came into practice,the general nature of the law has resulted in many problems when applying the law.The second chapter deals with the concept of private antitrust action, whichmeans the victims whose rights are violated in the monopoly, can raise a lawsuit to thecourt. Thestanding in private anti-trust action will enable the victims to represent theirplaintiffs’ rights and obligations in the antitrust litigations. Also this chapter classifiesthe plaintiffsinto three types, the competitors, the implied victims and group victims.In addition, two factors, which are used to identify the plaintiff’s status, are thedetriments and the influence.The third part deals with the legislation and precedents in American, EuropeanUnion,German and UK. The emphasis is placed on competitors, indirect purchasersand group victims, which will provide some useful solutions to the establishment ofthe standing in anti-monopoly private actions.The fourth part In conclusion, the author suggests that we should take advantageof the judicial interpretation to modify the indirect purchasers and social community’squalifications in the standing in anti-monopoly private actions.