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Study On Consumer Interest Protection System In The Antitrust Law

Posted on:2015-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:D L ChangFull Text:PDF
GTID:2296330467465412Subject:International Law
Abstract/Summary:PDF Full Text Request
In the traditional sense, antitrust law protects consumers’ interests mainlythrough indirect way, That is, the anti-monopoly law enforcement agency protects theinterests of consumers by Initiating an investigation on or suing the monopolisticbehavior. Protection of consumers is considered an indirect result of the maintenanceof competition in antitrust law. With the deepening impact of the consumer movementand the development of antitrust law, antitrust law protects the interests of consumersfrom indirect protection transition to direct. Although more focusing on indirectprotection, but the trend of direct protection is gradually strengthened. The mostimportant manifestation of direct protection is that antitrust laws give consumers theright to bring a civil action against the illegal monopolistic behavior against their owninterests, in order to realize the remedy for rights and stop monopolistic behavior. Inshort, That is the consumer antitrust litigation.Although the "Consumer Law" also provides civil remedies system to protectthe interests of consumers, the difference between "Consumer Law" and antitrust lawdetermines that the relief system of the former can not be directly applicable inantitrust law. Because the consumer litigation in antitrust law is faced with theproblems that "Consumer Law" and the general rules of civil procedure can’t resolvein the plaintiff qualifications, litigation form, the burden of proof, Liability, etc. As"policy source country" of antitrust laws, U.S. private antitrust litigation is quitedeveloped. American antitrust law establishes specific rules of enforcement of antirustlaws of consumers from both the legislative and judicial levels. The interests ofconsumers protection system of antitrust law of most countries in world is modeled onUnited States. Compared with Western countries, our anti-monopoly law late starts,and has many imperfections on consumer protection issues. We need to study theinterests of consumers protection system in the U.S. antitrust law to provide relevantreference to improve our system.In addition to the introduction and acknowledgements, the main body of the thesis is divided into four parts:The first part is an overview of consumer protection and antitrust laws. Firstly,This section provides a brief introduction on background and development ofconsumer protection issues. Secondly, on the basis of the Analysis of the adverseeffects on the interests of consumers of monopolistic behavior, This section describesin depth how the antitrust laws is to protect consumers and the importance ofprotecting consumers.The second part is theoretical analysis of the antitrust laws to protect theinterests of consumers and the main content. Firstly, analyze theoretical foundation ofantitrust law to protect the interests of consumers. Secondly, briefly introduce themain content and the specific problems of the antitrust laws on consumer protectionissues.The third part is content analysis of the interests of consumers protection systemin the U.S. antitrust law. From the point of the legislative history and value change ofthe U.S. antitrust laws, this part analyzes in depth the content of the interests ofconsumers protection system in the U.S. antitrust law.The fourth part is the enlightenment of the interests of consumers protectionsystem in the U.S. antitrust law to China. By analyzing the situation and problems ofChina’s anti-monopoly law on protecting the interests of consumers, and combiningthe advantages of U.S. antitrust law on the protection of consumer interests, thissection provides recommendations for improving the interests of consumersprotection system in our anti-monopoly law.
Keywords/Search Tags:Antitrust Laws, Consumer Interests, Plaintiff Qualification, Class Action Litigation, The Burden of Proof, Compensation for Damage
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