Research On Plaintiff Qualification Of Anti-monopoly Civil Litigation

One of the important ways to implement the anti-monopoly law is civil litigation.The determination of plaintiff qualification is the prerequisite and foundation for the opening of anti-monopoly civil litigation.Its determination can not only help to resolve anti-monopoly civil disputes effectively,but also can reduce the waste of judicial resources.The provisions on the plaintiff qualification is ambiguous in Anti-Monopoly Law and its judicial interpretation,and there are still deficiencies in the enforcement of anti-monopoly civil lawsuits.The article first introduces the relevant system of anti-monopoly civil litigation,and then uses Guangdong Yue Chao Sports Company's monopoly dispute case and Tian Junwei v.Beijing Carrefour's monopoly dispute case as the entry point,thereby eliciting the issue of plaintiff qualification in anti-monopoly civil lawsuits.The theory relate to plaintiff qualification in anti-monopoly civil lawsuits is elaborated.Then,I point out that China should use the "claims of interest" as a criterion,and analyze the plaintiff qualifications of current anti-monopoly civil lawsuits in China one by one.The article examines the practical experience of extraterritorial legislation,and points out that it is worthy of our country to learn from,improve China's plaintiff qualification system for anti-monopoly civil lawsuits,and relative "reasonable certainty standards" must also be followed.By referring to successful experiences abroad to establish a group litigation model,and proposing solutions about the question of plaintiff qualification of competitors and indirect purchases,and the accreditation of plaintiffs in anti-monopoly civil lawsuits must be based on China's basic national conditions,so that the determination of plaintiff qualifications can be helpful for the implementation of the anti-monopoly law.