Study On The Determination Of The Indirect Purchaser's Monopoly Damage Compensation

The damage compensation lawsuit caused by monopolistic damage caused by indirect purchasers is an important part of the research and development of China's anti-monopoly private enforcement system.Judging from the global anti-monopoly legislation and judicial status,it is an irresistible trend for China to grant indirect purchaser litigation qualifications.In this context,the issue of determining the amount of damages for indirect purchasers has gradually emerged.The indirect purchaser's damage itself is difficult to calculate,and there is no legal and legal guidance,which directly leads to the slow development of China's indirect purchaser anti-monopoly civil litigation.Based on this,on the basis of determining the scope of indirect purchaser's monopoly damages,the paper analyzes the theoretical context of the determination of the indirect purchaser's damages in the monopoly damages litigation,combined with the current anti-monopoly legislation and judicial status and problems in China,targeted After determining the relevant extraterritorial experience in learning and absorbing damages,this paper puts forward a perfect idea for the determination of the amount of damages in the indirect purchaser's monopoly damages lawsuit in order to effectively guide the anti-monopoly civil litigation of indirect purchasers in China and promote anti-monopoly.The development and improvement of the private enforcement system in our country.In addition to the introduction and conclusion,this article consists of five parts:The first part is to determine the scope of the indirect purchaser's monopoly damages.By analyzing the connotation and extension of the indirect purchaser's monopoly damage,it is considered that the indirect purchaser's monopoly damage is the direct property damage that the indirect purchaser(including the middleman and the consumer)suffers due to the monopolistic behavior of the monopolist implementer and Other damage related to monopoly.Combined with the compensation target and deterrence goal of China's anti-monopoly law,the scope of the indirect purchaser's monopoly damages should be: the indirect purchaser as an intermediary is limited to the direct monopoly damage and expected benefits,and The indirect purchaser's damages for consumers should be subject to a high price monopoly.The second part is the theoretical analysis of the value of the indirect purchaser's monopoly damages.When it is proposed to determine the amount of specific damages for indirect purchasers,it shall follow the basis of the total amount of monopoly damage,calculate the amount of transfer damage,and weigh the expected profit of the middlemen,and then rationally distribute the indirect purchasers according to the amount determined by the above logic.The third part is the analysis of the status quo of the determination of the amount of damages for monopolistic damages of indirect purchasers in China.At present,legal and judicial interpretations rarely stipulate the amount of damages.They only involve the analysis of economic analysis reports and professionals,and the reasonable expenses of investigating and suppressing monopolistic behaviors are included in the compensation amount.The lack of legislation and the incompleteness of the system have directly led to the development of anti-monopoly civil litigation in China.The problems that have emerged in China are mainly reflected in the absence of general rules,the lack of incentive mechanisms and the bias in the positioning of economists.The fourth part is an analysis of the relevant experience in determining the amount of damages for indirect purchasers from outside the territory.The extraterritorial experience is analyzed from two aspects.First of all,in terms of the method of determining damages,the two major rules of the US damage certificate and the excessive price method for calculating the damage amount,the EU counterfactual law and the Japanese difference method are analyzed.Second,on the choice of the civil damage compensation system,the focus is on the three-fold compensation from the United States,the full compensation from the European Union,and the single-compensation before the Japanese trial.The fifth part is a perfect idea for determining the amount of damages for monopolistic damages of indirect purchasers in China.First of all,it advocates the establishment of an indirect purchaser's monopoly damage compensation mechanism: First,determine the basic principles for determining the amount of damages.The first is based on the actual loss suffered by the indirect purchaser.If the actual loss is difficult to determine,the illegal income of the monopolistic offender is used as the basis for calculation.If neither of them can be calculated,the court shall make compensation according to the discretion.The second is to limit the range of discretionary compensation.The third is to ignore the expected profit of the middlemen.Second,to determine the two basic principles of the determination of monopolistic damage,the calculation method of damages is based on the United States' excessive price method.Third,based on the determination of three times compensation,the damage compensation system combined with the maximum compensation limit.The fourth is the drafting of the discretionary compensation interval and the presumption of the transfer of damage.Finally,it proposes to improve the relevant supporting system from the establishment of the model named "expert witness and court advisor",the additional compensation for individual indirect purchasers,and the reduction of the litigation fees for class actions.