Study On The Plaintiff Standing Of Antitrust Private Action

Antitrust laws is to protect competition in the market, to prevent and suppress monopolistic behavior, an important legal safeguard market order. The effective implementation of antitrust laws in developed countries shows that rapid economic development relies on the development of relevant laws to regulate market competition. More and more countries recognize the anti-monopoly regulation in the economy brought about by the action. Among them, a private antitrust lawsuit plaintiff litigation process to determine eligibility in the first part, the court accepted the case when the first is to review the plaintiff’s standing to sue.Therefore, the plaintiff reasonably determine eligibility is full of private antitrust litigation premise implementation mechanism action, the plaintiff will cause excessive scope was too broad appeal, and lead a great waste of social resources. Therefore, to determine the scope of private litigation plaintiff qualification is significant.The full text is divided into three chapters:The first chapter discusses in detail how to do a private antitrust litigation and plaintiff qualification. The plaintiff describes four types: competitors, indirect purchasers, victims of mass consumers. Meanwhile, the United States established the practice of "harm" standard and the German "influenced" the plaintiff eligibility criteria to investigate to determine the scope of the considerations.Second chapter describes the developed countries to determine the eligibility of the plaintiff in a private antitrust lawsuit in the legislative process in a few cases and problems encountered by their system of its problems are reviewed and summarized the experience which, for our country to determine the scope of the Private Litigation provide theoretical support.The third chapter explained the current antitrust and general provisions of the relevant judicial Private Litigation range, drawing on the legislative experience of the world, make new law on the basis of "anti-monopoly law," the country to improve on the plaintiff qualification range. Effectively change the country from the legislative level antitrust issues in favor of the prosecution is difficult and low range Private Litigation unknown cause.Jointly promote our private antitrust litigation is developing rapidly.