Study Of The Plaintiff Eligibility For Civil Antitrust Litigation

Antitrust civil litigation is the important way of antitrust private execution.It is the important content of improving the implement of anti-monopoly law. Antitrust civil procedure not only concerns the maintenance of private interests, also protects the maintenance of social and public interests.Antitrust civil litigation are different from the traditional civil action,it have the characteristics of specialization,complication and commonweal.The common civil procedure rules of the civil procedural law which trapped in the inherent system may not solve the problemcompletely.It led to the appearing of uncoordinated phenomenon when applied ordinary civil procedure law to solve the antitrust dispute in the judicial practice. Therefore, the institutions which the existing system of civil litigation cannot be inclusive, need to be formulated in the anti-monopoly law as special provisions.The plaintiff qualification problem is the previous question of antitrust civil litigation. In our country, the provisions of the anti-monopoly law and its judicial interpretation about the problem are simple and indistinct, and are short of practicality.The vagueness provisions of anti-monopoly law and the judicial interpretation,combined with the restrictions on suit qualification in civil procedure law, which makes many puzzled problems about the subjects who can bring anti-monopoly civil lawsuits.The thesis discussed the anti-monopoly civil litigation plaintiff qualification of developed countries.It uses typical cases to analyse the lawsuit status of the indirect purchasers, the social groups and so on in antitrust civil litigation.Drawing lessons from foreign experience of anti-monopoly legislation and practice, we should expand the scope of the our country anti-monopoly civil litigation plaintiff appropriately.The competitors’ prosecution should be recognized.Because they would obtain evidence relatively easily and have more motivation to take part in the litigation in the same market.Consumers as indirect buyers is the actual victims of antitrust violation.according to purpose of legislation of Anti-monopoly Law and juridical logic of The Tort Law,we should affirm the qualification of indirect buyers,too.In view of private victim lawsuit power is weak, Wecan give the limited social organizations litigation rights when they are on behalf of the victims of group.Then, We can make the antitrust civil litigation more standardized and maturely,and it can play an important role in antitrust private execution adequately and promote the development of antitrust private execution.