Research On The System Of Actions For Civil Damages Of EU Antitrust Law

The system of actions for civil damages of Antitrust Law is an important method of antitrust private execution,not only making up for its birth defects of public execution,but also greatly stimulating the enthusiasm of the private actions for civil damages.At present,all countries are hardly pushing the construction of the system of actions for civil damages of Antitrust Law.The Directive 2014/104/EU of The European Parliament and of The Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union(hereinafter referred to as "the 2014/104 directive”)published on December 5,2014 is one of the model.The newest legislation in our country in this field is the supreme people’s court on the trail regulation of legal application of civil dispute case caused by monopoly(hereinafter referred to as the" provisions on several issues ")taking effect on June 1,2012,but its effect has not been very satisfactory.Therefore,our country has been paying more and more attention to earning and using for reference of the system and rules.The development of the system of actions for civil damages of EU Antitrust Law shows the same characteristics as our country’s,which is well worth studying for our country.The main contents of this article are as follows:The first chapter is the general theory of the system of actions for civil damages of Antitrust Law.Firstly,this article points out that the system of actions for civil damages of Antitrust Law is a narrow interpretation,and compares it with the civil law’s.Secondly,this article demonstrates the necessity of constructing the system through the three angles,including the negative externalities of monopoly,the characteristics of public goods of the system of actions for civil damages of Antitrust Law and birth defects of public implementation of Antitrust Law.Finally,“public choice theory” 、 “government capture theory” 、 “rational choice theory” and “information asymmetry theory” provide a strong theoretical support for the construction of the system of actions for civil damages of Antitrust Law.Chapter 2 is the historical evolution of the system of actions for civil damages of the EU Antitrust Law.This article traces the source of this system from two aspects of legislation and practice,and the combing of its legislation shows the EU’s determination to promote the system of actions for civil damages of Antitrust Law step by step.Chapter 3 is the main contents of the system of actions for civil damages of the EU Antitrust Law.This part mainly includes four aspects: the principle,the body system,disclosure of evidence,and other supporting system,which also involves effect of national decisions,limitation periods and etc.Chapter 4 is the enlightenment to China of the system of actions for civil damages of the EU Antitrust Law.This part describes the status of the system of our country through two aspects of legislation and judicature,and analyzes the problems.Its issues are that litigation subject scope is too narrow and indirect purchasers cannot initiate legal proceedings,that the evidence system increases the burden of proof for the victims of monopoly,that the scope of civil compensation shall not fully cover the losses suffered by the victim of monopoly and that relevant systems are lack of operability.In view of this,this article puts forward some suggestions to perfect our country’s system of actions for civil damages of antitrust law,namely the establishment of the litigation subject qualification of the indirect buyers;appropriate tilt on victims on evidence system;the establishment of complete compensation principle;the establishment of effective relevant systems.Based on the above ideas,this article researches the system from the system level through the general theory,historical evolution,main contents and the enlightenment to our country,in order to provide theoretical support to perfect the related system in our country.