On The Expansion Of The Scope Of Plaintiffs In My Country's Antitrust Private Litigatio

With the rapid development of industrial economy,cases in the field of anti-monopoly in China have become more and more frequent,and the effective implementation of anti-monopoly law cannot be fully guaranteed by the enforcement activities of anti-monopoly enforcement agencies alone.However,in terms of the development trend of the global antitrust mechanism,civil antitrust litigation by private subjects has become another important way to suppress monopolistic behavior.However,due to the complexity of antitrust cases and the inadequacy of the institutional structure,there are certain controversies as to which subjects can bring private antitrust lawsuits.The main issues include the criteria for determining the eligibility of the plaintiff,the qualification of indirect purchasers,and whether social groups are eligible to file civil antitrust lawsuits.This paper will analyze how to broaden the scope of the plaintiff subjects in civil antitrust litigation in China based on the judicial practice in China with reference to overseas experience.The first chapter of this paper mainly consists of two parts.The first part firstly introduces the situation of private antitrust enforcement in China from the development history of private antitrust enforcement in foreign countries,which leads to a series of problems in civil antitrust litigation in China.Then,it discusses the issue of the eligibility of the plaintiff,and summarizes the current judicial status of the eligibility of the parties to the civil antitrust litigation in China.The second part of the article analyzes the shortcomings of the criteria for determining the eligibility of plaintiffs in civil antitrust litigation in China,namely,the limitations of the "direct interest" standard,the doubtful eligibility of indirect purchasers and the unclear eligibility of social groups.The rest of the article is devoted to answering the three questions.Chapter 2 is a redefinition of the criteria for determining the eligibility of plaintiffs in civil antitrust litigation in China.Firstly,we analyze how the plaintiff is qualified on the basis of jurisprudence,and then point out the limitations of the standard of "direct interest" in China,which cannot meet the characteristics of the public interest of antitrust cases.Secondly,drawing on the legislative experience of foreign countries,we compare and analyze the "direct damage" and "affected standard" of the United States and Germany,and choose to apply the German "affected" standard based on the analysis of legal theory and the legal conditions of China.The German"affected"standard is chosen based on the legal analysis and the legal conditions in China,and reasonable regulation is made.The third chapter is to clarify the right of "indirect purchasers" to initiate civil antitrust litigation.The first part of this chapter firstly elaborates the connotation of indirect purchasers and points out the difference between them and direct purchasers,and also points out their legal status in the civil antitrust litigation in China.The second part is to analyze the status of indirect purchasers as plaintiffs.The second part is to analyze the resistance factors for indirect purchasers to obtain the plaintiff status.The second part analyzes the resistance factors of indirect purchasers to be qualified as plaintiffs and the ways to include indirect purchasers in the scope of civil antitrust litigation under the trend of broadening the scope of plaintiffs.The fourth chapter recognizes the status of social group plaintiffs,and this chapter consists of three main parts.The first part firstly points out that social groups have great advantages over individual consumers in private antitrust litigation,but there is a lack of system in our judicial practice,which cannot give full play to the role of social groups in civil antitrust litigation.The second part analyzes the legitimacy of the plaintiff status of social groups,and then clarifies the plaintiff status of social groups such as consumer associations.In the third part,while recognizing the status of social groups as plaintiffs,we will draw on the experience of Germany to make reasonable regulations on them.