Optimizing Private Antitrust Enforcement

The purpose of the antitrust law is to maintain a fair and competitive market,improve the efficiency of economic operations,and protect the public interests.Because of the complexity,professionalism,and concealment of monopolistic behavior,the implementation of the antitrust law has unique characteristics that distinguish it from other laws.It requires not only the cooperation of governmentbut also public participation.The implementation of antitrust laws in most countries has adopted a combination of public and private enforcement.United States,as the pioneer of anti-monopoly legislation,has a fairly complete private litigation mechanism and a series of systems to match.In recent years,the EU,Japan,and other countries and regions have also constantly revised the antitrust law and improved the private litigation system.The antitrust private lawsuit has the effect of relieving the victims of monopoly behaviors,being able to be more convenient,discovering monopolistic behaviors economically,and deterring potential monopolistic behaviors.As a supplement to public enforcement,anti-monopoly private lawsuits can effectively prevent "government failures".Through the analysis of typical cases from 2012 to 2017,it is found that the effect of antitrust private litigation is not rational,mainly because China's antitrust private litigation does not form its own operating system,and generally follows the relevant provisions of civil law.However,there are many differences between monopolistic behaviors and general civil violations.As a result,there are many problems in the application process.In addition,our government pay more resources into public enforcement,there are many problem such as relatively rare private litigation,the symbolic nature of damages,and the low case winning rate of the case,so the ultimate goal of the perfection of China's anti-monopoly private litigation is to establish a sound and relatively independent litigation system.In this paper,we focus on three aspects:the qualifications of the plaintiff,compensation for damages,and the relationship between public enforcement and the private sector.Through lessons learned and lessons learned from outside the country,the paper concludes that the proposal for perfecting antitrust private litigation.The expansion of private lawsuits under the anti-monopoly law may have a negative impact,mainly because some operators use private enforcement of antitrust law as a means to crack down on their competitors.Therefore,we must also pay attention to curbing their negative effects.This paper dialectically studies the system of antitrust private litigation,and puts forward some suggestions on the expansion of the qualification of the plaintiff,the establishment of an independent compensation system for damages,and the coordination of the relationship between public execution and private litigation.