A Study On The Applicability Of Private Enforcement System Of Chinese Antitrust Law

The antitrust law enforcement can be divided into public enforcement and privateenforcement. In the field of China’s antitrust enforcement, besides the publicenforcement authority of Ministry of Commerce, National Development and ReformCommission and State Administration for Industry and Commerce, private marketparticipants such as citizens, legal persons, and organizations play a more and moreimportant role in the field, and this is named Antitrust Law Private EnforcementSystem.This paper makes a briefly review of antitrust private enforcement system fromthe theoretical and practical aspect. In the theoretical aspect, this paper mainlyanalyses the theory foundation of the system, explains the concept and interprets thelegislation. In practical aspect, this paper focus on the development condition ofChina’s antitrust private enforcement system since the implementation, draws lessonsfrom successful legislation and judicial experience of US antitrust laws, and combineswith several new laws application conditions in China to propose for the improvementof antitrust law private enforcement system. On this basis, this paper is divided intofour parts.The first part discusses the concept of antitrust private enforcement system,clearly specifies the theory foundation and history development to make a betterreview and understanding of the system.The second part summarizes the legislation and judicial process of China’santitrust private enforcement system, combines of "anti-monopoly law" article50andthe judicial interpretation of monopoly to complete the description of legal frameworkof the system and analyze existing problems.The third part learns successful experience of US antitrust laws privateenforcement system, and discusses the application possibility of three timescompensation system, evidence statement system, government agency and grouplawsuit system as well as the of expert witness system in China.The fourth part combines with actual rule of law situation in China and putsforward suggestions for the improvement of antitrust private enforcement system. Onthe basis of the existing laws and regulations, this paper seeks for beneficial referencein the model of new civil procedure law and new consumer protection act.