Research And The Plaintiff’s Qualification Of Participants In Vertical Monopoly Agreements

Since the Anti-monopoly Law was enacted,scholars in our country have done a lot of academic researches on antitrust private litigation and private practice.At present,scholars in the field of antitrust plaintiff accreditation of private litigation have also made a lot of achievements.However,specific vertical monopoly There are very few academic studies on the accreditation of plaintiffs for protocol participants and implementers.As the first case of disputes over vertical monopoly agreements in China,"Rui Bang v.Johnson & Johnson Case" put forward new challenges for the research on the qualification of plaintiffs in China’s antitrust litigation.With the frequent occurrence of antitrust disputes and the fact that there is a big gap between the current law and the plaintiff qualification of participants in the vertical monopoly agreement and the lack of relevant theoretical research,the theoretical basis behind in-depth examination of the plaintiff’s qualification of participants in the vertical monopoly agreement has a large Theoretical value and practical significance.In view of this,on the basis of the research on the current legislation and academic theory,this article takes "Rui Bang v Johnson’s Case" as the logical starting point to study the qualification of the plaintiff in the vertical monopoly agreement,trying to clarify the qualifications of the plaintiff in such cases The identification of the path and the principle of recognition in order to better regulate the monopoly behavior and maintain a fair market order.In addition to the introduction and conclusion,the article consists of the following four parts:The first part aims to study the logical starting point of the accreditation of plaintiffs in the participants of the vertical monopoly agreement.Based on the analysis of the judgment of the second instance of "Rui Bang v.Johnson & Johnson" on the qualification of the plaintiff in the participants of the monopoly agreement,Three theories of plaintiff qualification.Analyzes and studies the three identification theories,paves the way for further analysis.At the same time,based on the status quo of the legislation on the plaintiff qualification of participants in the vertical monopoly agreement in our country,the theoretical value of the plaintiff qualification in the participants in the vertical monopoly agreement is put forward,which provides support for the analysis and research of the specific legal issues.The second part analyzes the particularity of plaintiff accreditation of participants in the vertical monopoly agreement.Firstly,by analyzing the particularity of the antitrust private litigation,the author clarifies the litigation mode of private antitrust litigation and the coordination path between public and private enforcement Secondly,it analyzes the particularity of the vertical monopoly agreement and puts forward the possibility of forming a "bilateral monopoly" by the vertical monopoly agreement.Finally,the contractual theory,the infringement theory and the economic effect analysis are used to demonstrate the particularity of the participants in the vertical monopoly agreement.The fourth part focuses on the principle of determining the plaintiff’s qualification of participants in the vertical monopoly agreement in our country and on the basis of summarizing the previous research results,puts forward the principle of the balance of the plaintiff’s qualification of the participants in the vertical monopoly agreement and the principle of right relief;And put forward the identification path of the plaintiff qualification of participants in the vertical monopoly agreement from the perspectives of the basis of claim,the meaning of participants,the comprehensive measurement of interests and losses,and the protection of rights and interests.