Economic Analysis Of The Damage Compensation Of Antitrust Class Action

The existing anti-monopoly law enforcement in China follows the dual mechanism of administrative punishment and civil lawsuit.However,there is the problem that administrative penalties do not have energy and civil lawsuits are not motivated.Introducing the more mature class action lawsuit system in Europe and America can achieve fairness in anti-monopoly law enforcement.with efficiency.The core of the class action system is the determination of damages.In China's current legal system and judicial practice,damages have maj or problems such as unclear function positioning,unclear application subject,and inaccurate calculation of amounts.The article uses legal economics methods to position the function of antimonopoly group litigation damage compensation in the shift from consumer welfare to monopolist.The applicable subject should cover direct and indirect purchasers,and differentiate the direct purchaser from indirect purchase from the perspective of industrial organization theory.The damage suffered by a person must be taken into account in calculating the damages.After taking into account the harm caused to the direct purchaser by the illegal monopolist,the direct purchaser may pass the damage to the indirect consumer,so when calculating the damages,also considering the impact of transfer.The research content mainly includes the following points:Firstly,distinguish the concept of group litigation,anti-monopoly group litigation and anti-monopoly damage compensation.Secondly,it discusses in detail the concept and characteristics of the group litigation,its difference from other civil lawsuits,and describes the applicability and applicable subject in the field of antitrust.Thirdly,the concept of monopolistic damage is clarified,based on the principle of counter factualism,and by comparison with the general calculation method,the importance of using industrial organization theory to distinguish between direct buyers and indirect purchasers is drawn;considering the effects of pass-through use of economics The competition model method calculates the amount of monopolistic damage,uses the overall assessment and individualized assessment method to determine the amount of damages for the group and distributes it.Finally,elaborate conclusions and propose legal advice.The article uses case analysis and economic analysis methods,distinguish direct purchasers and indirect purchasers,based on the principle of counter factualism,and to provide group litigation in the part transferred from consumer welfare to monopoly offender benefits.Based on the theoretical basis of economics,consider the impact of passing on the existence of monopolistic damages,and determine the amount of monopolistic damages based on this;use the method of overall assessment,supplemented by individualized assessment to determine the amount of damages for the group,based on direct distribution The combination of law and indirect distribution method,the principle of surplus compensation distribution as a supplement to the group's compensation.The amount of damages is distributed among the members of the group.