The Research On Antitrust Private Litigation

Because of our country’s Antitrust Law only the principle of private litigation rules,legislation lack of specific provisions for private litigation,lead to China’s Antitrust Private Litigation related system is not perfect and operability is poor.That is the main reason for the few successful cases of Private Litigation since the Antitrust Law to implement.The purpose of this paper is to through the investigation on the international Antitrust Legislation and practice of Private Litigation, and combined with the reality of our country, to find out the main problems of Antitrust Private Litigation System in China and its reason.Finally, put forward countermeasures and Suggestions to the problem.This paper argues that the Antitrust Private Litigation System in our country mainly have the plaintiff qualification, compensation system, evidence system, public or private implementation coordination four aspects of the problem. And Put forward the proposal about Clear indirect purchasers of the plaintiff qualification,set up the system of punitive damages,improve the system of evidence, private litigation and administrative law enforcement coordination mechanism.This paper is divided into four parts:The first part is a brief overview of Private Litigation of Antitrust Law,briefly discusses the definition of Private Litigation, characteristics, advantages and limitations.The second part is international investigation of Antitrust Private Litigation,analyses the legislation and practice of the United States and the European Union.The third part is the analysis of the Antitrust Private Litigation System in China,by combining the domestic legislation and practice,summed up the main problems of Antitrust Private Litigation System in China and the reasons.The fourth part is on the basis of the above,aiming at the existing problem of the Antitrust Private Litigation System in China put forward the countermeasures and perfect suggestions.