Research On The Qualification Of Plaintiff In Antitrust Private Litigation

In 2008,China promulgated the first "anti-monopoly law",first identified in the legislation of private antitrust litigation plaintiff qualifications,has broken China in antitrust dependent on public,ignoring the tradition of private implementation.In2012 to further improve the system of anti monopoly private action,supreme law enacted on trial because of monopoly caused by the regulation of application of law in civil dispute case "(hereinafter referred to as" anti-monopoly judicial interpretation "),the antitrust private litigation made a more detailed rules.But on the issue of antitrust private litigation plaintiff qualifications,the anti-monopoly law only made the principle rules,the anti-monopoly judicial interpretation on the basis of the legislation,even though the regulations of the plaintiff qualification has carried on the elaboration,but in the plaintiff qualification standards,indirect purchasers,laid-off employees,such as mass victims on the question of the plaintiff qualification is not clearly defined,this leads to difficult in operation practice,the majority of victims unable to seek legal relief,and even lead to court according to the theory of the standard.Relative to our country and the developed countries such as America,Britain,Germany and other countries anti monopoly private action started early,and the legal system is complete,these countries on the issue of antitrust private litigation plaintiff qualification both in legislation and judicial practice has accumulated valuable experience.Therefore,in the early stage of the development of anti-monopoly in China,it is necessary to draw on the advanced experience of foreign countries and integrate the actual situation of our country with legislation.This article is divided into four parts,in the first part,this article first to distinguish the concept of antitrust private litigation,secondly this article detailed introduces the antitrust legislation and judicial interpretation of the relevant provisions in China,points out the problems,the specific data and case analysis to our country antitrust private litigation plaintiff qualifications in the judicial practice of the status quo,finally introduced the litigious and the parties fitness lattice theory as thetheoretical guidance in antitrust private litigation plaintiff qualifications.The second part of this article,from the perspective of the judicial cases,in turn,has analyzed our country "direct stakes" and "damage" the combination of standard,the German "affected" standard,the us and the UK standard of "damage",and combining with the specific judicial cases of these standards are discussed and thinking.The third part analyzes the types of antitrust private litigation plaintiff qualifications,including indirect respectively the plaintiff qualification of the buyer,competitors of the plaintiff qualifications,laid-off workers of the plaintiff qualification and mass victims of plaintiff qualification.In this section of the United States,Japan,Germany,the relevant laws and regulations of the classic case in judicial practice and expounds and analysis,for our country in antitrust private litigation plaintiff qualification of legislation to provide valuable experience.The fourth part attempts to perfect the thinking of antitrust private litigation plaintiff qualification in our country,in this section,the author put forward clearly China respectively the plaintiff qualification standards,admitted that the indirect purchasers of the plaintiff qualification,formulate appropriate litigation system,and restrict competitors plaintiff qualification's suggestion,and put forward some auxiliary system for related problems,such as "double compensation" advice.