Research On The Relationship Between Public Enforcement And Private Enforcement Of Anti-monopoly Law

It is not difficult to legislate,but to act.Solving the connection between public and private enforcement of anti-monopoly law has played an important role in the enforcement of anti-monopoly law.Although anti-monopoly law enforcement agency and the Supreme Court have issued the corresponding rules of the specific implementation of anti-monopoly law.However,there is no clear provision on the relationship between public and private enforcement of anti-monopoly law.Above all,The interaction between public and private enforcement of anti-monopoly law should be straightened out.On the one hand,the private enforcement of anti-monopoly law supervises the enforcement process of public enforcement to prevent the breeding of corruption.On the other hand,public enforcement eliminates the dangers of private abuse of complaints and extortion to enhance law enforcement deterrence and guarantee the implementation of private enforcement.The cooperation can create the best environment for anti-monopoly law enforcement.Then,it summarizes and analyzes the public and private enforcement of anti-monopoly law,and differentiates the difference between "subsequent private enforcement" and "independent private enforcement",and points out that the problem on the relationship between public and private enforcement,that is the disclosure of evidence materials and the effectiveness of preliminary decisions by anti-monopoly law enforcement agency.As the world's two major anti-monopoly jurisdictions,legislative experience in the United States and EU has opened up different expand about the development of public and private enforcement.In order to solve the problem of the connection between public and private enforcement,it is more suitable to learn from the legislative practice of EU law.Firstly,This is because the EU Competition law has accurately disclosed the scope of evidence material of anti-monopoly law enforcement agency,which is conducive to the realization of the purpose of anti-monopoly law.Secondly,the EU Competition law recognize the preliminary decisions of the punishment and exemption of the anti-monopoly law,which helps to ensure the fairness and justice of the parties.Thirdly,EU Competition law can balances the interests of lenient applicants and victims,it helps maintain the order of market competition.To sum up,in order to better provide legislative guidance for the handling of anti-monopoly law cases and promote the standardization andstandardization of anti-monopoly law enforcement we should speed up the relevant rules and regulations.