| Antitrust enforcement system is an important part of antitrust law. When designing antitrust enforcement system, the objectives and functions of the system must be followed as guidelines. The major functions and objectives of antitrust enforcement are deterrence and remediation in addition to explanation and clarification of the antitrust law and its application standards. Among them, the remediation function features two aspects, including restoration of competition order and compensation for victims.According to the differences in the actors, antitrust enforcement system can be divided into two types, which are public enforcement and private enforcement. When it comes to achieving the three functions and objectives of antitrust enforcement system, public action and private action each have their own merits, and they can complement each other. As a result, no one can be neglected. Optimal deterrence, as well as restoration of competition order, can be better achieved by public enforcement; private actions is good at achieving better compensation for victims; both sectors play their own part to contribute to explanation and clarification of the antitrust law. In many cases, it is precisely the existence of this party that provides a guarantee for the strengths of the other parties coming into play.The antitrust enforcement system of the United States comprises private enforcement and public enforcement, with the two sectors complementing, checking and balancing each other. Its specific rules and judicial practice is worthy of note.The part of China’s antitrust law regulating antitrust enforcement system only consists of very principal provisions, and a lack of operability exists. Some specific design of the system is obviously insufficient. This constitutes an obstacle that obstructs the realization of antitrust law’s values and functions. Not only is it not conducive to the construction of China’s new economic development model, it will also ultimately affect the health of our economy, and needs further refinement. During the process, special attention should be directed to the experience of the United States, and relevant lessons should be carefully researched. |
