The Amount Of Antitrust Dmamge

The damage compensation of antitrust law on the monopoly behavior is an important way of civil remedies for the infringed. On the one hand, compared with the antitrust law enforcement, it can provide the infringed with full amount of relief. on the other hand, it can promote private litigation of antitrust law. The antitrust law in China started late and just made the general rules of civil relief. Along with the constant deepening of market economy in our country, the antitrust civil litigation case also gradually increased. The supreme people’s court introduced Provisions Concerning monopolistic behavior caused by civil disputes on the Application of Law. This law has made detailed rules of antitrust civil litigation and provided a clear direction for the trial. However, it is still a blank for the scope and calculation of damage compensation and so on. This article is based on comparative analysis between the damage compensation of antitrust law and civil tort. It studied and learned practical experience from the United States, Japan, the European Union and other courtiers and regions where started antitrust law legislation earlier or the private litigation developed well. Considering China’s condition and current situation of legislation, it made recommendations on how to improve the system of determine the amount of damage compensation of antitrust law.This article is divided into five chapters. In chapterl, it mainly discussed the writing background of this article, and defined the relevant concept of this paper. Based on the existing literature summarized, we researched on damage compensation calculation of antitrust law of current academic circles. In chapter 2,it compared the rules of damage compensation antitrust law with tort damage compensation and cleared the particularity of antitrust law. Because of the difference, the calculation damage compensation of civil legislation is not directly applicable. It is necessary to establish a new calculation way for the damage compensation of antitrust law. In chapter 3, it investigated the world’s major countries and regions in the scope of damage compensation legislation and practice.Combined with analysis of the corresponding provisions in civil legislation in our country, it explored the possibility the regional approach can apply to our country. In chapter4, it described some calculation methods about of monopoly loss. There are 4 methods, which are before-and-after method, yardstick method, market share method and going concern method. These methods can be applied to different types of cases. Chapter 5 made recommendations on how to improve the system of deterring the amount of damage compensation of antitrust law. First, we need to define the constitutive requirements of antitrust damage compensation liability. Secondly, it is necessary to define the scope of compensation. Then, whether to apply punitive damages, how much is the ratio is discussed in this paper. Finally, the suggestions to perfect the system of expert witness, the cognizance of the damage compensation scope and calculation standard are of great significance.