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Studies On Several Issues About Plaintiff In Private Anti-trust Litigation

Posted on:2015-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:T X ZhengFull Text:PDF
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Private anti-trust litigation is an important part of the enforcement of anti-monopoly law. Private anti-trust litigation can make up the weakness of public enforcement effectively, and it more focused on the protection of private interests between public interests and private interests, especially the interests of consumers. Therefore, most countries in the world make private enforcement as the component of anti monopoly law enforcement system, and they make detailed regulations on anti-trust private enforcement in legislation and practice.Compared with most countries, the regulations of China’s private anti-trust litigation are very simple, especially the regulations on the plaintiff. Therefore, this article will carry out the discussion from the aspects of plaintiff of private anti-trust litigation, in order to put forward reasonable suggestions on the legislation of our country.This paper is divided into three parts:First, the plaintiff qualification in private anti-trust litigation. The author thinks that the existing provisions of our country are too broad regulations and it should be refined in anti-monopoly law. Therefore, the author compared with the relevant rules of USA and Japan, and analyzed the direct buyer, the consumer, some competitors and part of the social groups.Second, the allocation of the burden of proof in anti-trust litigation. Due to the particularity of the proof of anti-trust private litigation, it will be difficult for the plaintiff to present evidence. The author thinks that rebuttal burden of proof can be applied in anti-trust litigation. This paper discussed how rebuttal burden of proof can be applied in anti-trust litigation by analysis of violations, damage, causality and subjective fault.Finally, the effects of diseconomy of anti-trust litigation on private plaintiffs. The author analyzed the related rules in Germany and America, and put forward the method of economic enhancement.
Keywords/Search Tags:private anti-trust litigation, plaintiff qualification, the allocation of the burden of proof, diseconomy of anti-trust litigation
PDF Full Text Request
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