Research On The Indirect Purchaser Litigation Of Antitrust Law

In the complicated market transaction activities,in addition to the direct buyers who directly deal with the offenders,there are also a large number of subjects who have indirect transaction relationships with the offenders.These subjects are theoretically called "Indirect purchaser".Article 50 of China's Anti-Monopoly Law clearly stipulates that the operator shall bear civil liability for the losses caused to others by the implementation of monopoly behaviors.This clause constitutes an important legal basis for indirect buyers to file an anti-monopoly damages lawsuit.But for a long time,due to the qualification of the plaintiff,the difficulty of proof,and the lack of system exploration and innovation,it has become an important factor restricting the development of indirect buyer litigation.This thesis takes China's current status of legislation and judicial status in the indirect buyer litigation in the antitrust law as an entry point,analyzes in detail the specific reasons for the insufficient development of indirect buyer litigation in China,and draws the practice of plaintiff qualification,difficulty of proof,and dilemma of liabilities.Taking the design of different systems of the EU and the United States in indirect purchaser litigation as a reference,it focuses on examining and sorting out the identification of the plaintiff's qualification,the plaintiff's burden of proof,and the determination of damages compensation in the EU and the United States in indirect purchaser litigation and quantification issues,specific rules of application of damages defense.Finally,based on China 's actual national conditions and the enlightenment from the European and American system investigations,from the two aspects of model selection and system conception,it puts forward the idea of developing and improving China's indirect purchaser litigation system in order to stimulate our indirect purchaser litigation,and even constructive programs that contribute to the development of private enforcement of antitrust law.