The Applied Research Of Punitive Damages In The Field Of Antitrust Law Of Our Country

Since the seven years' implementation of Anti-monopoly law,our country about monopoly regulation rely mainly on the anti-monopoly administrative enforcement authority of public power.Although it have dealt with a large number of illegal monopoly,but in front of the endless monopoly behavior in our country,it has its inherent defects and the insufficiency.The Such situation determines the antitrust private force must be carried out and give full play to the advantages of private anti-monopoly.But Anti-monopoly law and judicial interpretation only stipulated the compensatory damages.Antitrust lawsuit in the judicial practice present a long cycle,high cost of lawsuit,and low legal interests,a potential victim is not willing to mention antitrust lawsuits.On the one hand,the introduction of punitive damages can change the antitrust litigation incentive mechanism and increase the power of filing a lawsuit.On the other hand,making the monopoly behavior was severely punished and increased monopoly illegal costs and antitrust deterrent.Punitive damages in the field of our country anti-monopoly law applies,certainly,may encounter obstacles theory and reality,on the basis of fully consider local antitrust practice,draw lessons from the developed countries and regions of anti-monopoly.Punitive damages applicable in the field of antitrust law in our country,the first thing is to face up to it with the center of the victim some bonus reward properties and in particular,with the economic law liability attaches great importance to the role of private in the implementation,to break its applicable theory;Second,it should be reasonable to define the scope of application,namely,economic monopoly,natural monopoly industry monopoly and administrative monopoly“hybrid”;Again,punitive damages to determine the ratio of should seek a balance between private litigation and rampant litigation,with the legal and economic development of our country has the reality in particular double punitive damages ratio;Finally,supplemented by the burden of slope protection,indirect purchasers of the plaintiff qualification and other supporting system,solve the problem of shortage of the existing system of form a complete set of incentive, maximum full play function of punitive damages system.