The Private Litigation In Anti-monopoly Law

Antitrust legislation aims to protect fair market competition, improve economic efficiency and safeguard consumer interests and public interests. Private antitrust litigation is the effective implementation of anti-monopoly law in the way of the implementation mechanism of antitrust, on the one hand it can serve the public good complement the implementation of the role of law enforcement agencies to provide the public the right to information about the illegal monopoly, promotion of public implementation. On the other hand, illegal monopoly abuse by the private body concerned, in addition to the private litigation system can guarantee the legitimate interests of private subjects, the subject of infringement of the private economy can also provide some compensation; The role of these two can contribute to the stability of the implementation of anti-monopoly law in China, comprehensiveness, but also to promote the realization of the purpose of antitrust legislation. Therefore, China should be established as soon as the relevant anti-monopoly system of private litigation to ensure the effective implementation of anti-monopoly law.The purpose of this paper is hoped that through private litigation on antitrust research, from which to explore the establishment in China of private antitrust litigation system specific settings, so as to achieve the purpose of anti-monopoly legislation and the administration of justice to provide a reference and inspiration.This paper is divided into introduction, body and conclusions of the three major components, the body includes four parts.The first part is a private antitrust suit for an overview. SectionⅠthrough a detailed analysis of the case, that the current in the case of private antitrust litigation on a number of problems. SectionⅡfocuses on private antitrust litigation from the content of this paper discusses the implementation mechanism of antitrust law. Section III for detailed definition of the concept of antitrust private litigation.The second part is mainly for foreign private antitrust litigation, a comprehensive discussion. Section I is about the U.S. antitrust discussion of private litigation. The United States is the world's first anti-monopoly of the private litigation system countries, the private litigation system as early as 1890, "the Sherman Act" to be provided. Section II is followed by the EU antitrust system of private litigation related to the discussion. Section III is a private system of the Japanese anti-monopoly paper. Section IV is for the national anti-monopoly comparative analysis of the private litigation system.The third part is about China's current antitrust proceedings in the discussion of private. China anti-monopoly for the current problems in private litigation, Anti-monopoly on the Establishment of the necessity and feasibility of private lawsuits were analyzed. The first section is on China anti-monopoly status of implementation of an overview of the private litigation. Then in the second quarter to put forward the establishment of private litigation system in China need to. Section III is a private antitrust lawsuit of the feasibility of establishing an analysis.The fourth part is giving some suggestions for the construction of private litigation system. These include the question of jurisdiction, the plaintiff qualifications, the burden of proof and the responsibility for damages.