On The Indirect Purchaser Damage Compensation System Of U.S. Antitrust Law

Indirect purchaser Compensation of damage may face many problems,involving indirect purchaser plaintiff qualification and the scope of the trial is difficult to determine,the damage is hard to calculate and prove,the distribution of damage complex,the reason is that the large number,Damage dispersion,the complexity of the calculation process.Indirect purchaser damage and monopoly damage are differences,resulting in indirect purchaser damage for many reasons,especially the monopoly of illegal acts caused by excessive high prices to pass the damage.As the distribution of the chain after many times to find out the specific difficulties of the victims,first clear the application and indirect purchaser to the plaintiff qualification,and then find the indirect purchaser damage proof and calculation methods,and then solve the problem of how to compensation distribution.The experience of counterfeit compensation in the US antitrust law can provide a useful reference for improving the compensation system of indirect purchaser.This paper is divided into five parts to discuss:The first chapter give an overview Compensation for damage of the indirect purchaser in the US antitrust laws.First,from the monopoly of illegal distribution of the impact of the chain,analysis of the meaning of indirect purchaser.By comparing the difference between the indirect purchaser's damages and the direct purchaser's damages and the umbrella price infringement purchaser,define the indirect purchaser's damages.Then elaborate the legislative and judicial practice of the indirect purchaser.The second chapter discuss the application scope of the compensation for the indirect purchaser of the US antitrust law.From the perspective of the application of transference and the need for flexibility to analyze the scope of indirect purchaser,to determine the indirect purchaser's Compensation for damage of the plaintiff qualification,analysis the plaintiff qualification dispute,to identify the indirect purchaser qualification criteria,specific circumstances and exclusion,Out of the range of indirect damage.The third chapter discuss the rules for determining the Compensation for damage of indirect purchaser in the US antitrust laws.analyze the establishment requirements of the indirect purchaser 's penalty for damage,the legal presumption of damage and economic analysis method,the reasonable certainty of the proof of damage.The fourth Chapter deals with the distribution mechanism of indirect purchaser's Compensation for damage in US antitrust law.Analysis compensation distribution objectives and assumptions system of the indirect purchaser's penalty for damages,including target dispute in the monopoly of the deterrence of the law and the compensation,allocation easures of the system hypothetical.The fifth chapter analyze the system of Compensation for damage of indirect purchaser in the US antitrust law,analyze the characteristics,advantages and shortcomings of the system of Compensation for damage of indirect purchaser in the US antitrust law,and enlightenment to perfect Compensation for damage of indirect purchaser.Finally,design a set of reasonable penalty for damages' rules for indirect purchaser,in order to provide some institutional support for our country's legislative and judicial practice.