The Research On The Monopoly Damages Compensation System Of China

As part of liability system of antitrust law, the antitrust law damages compensation system is concerning whether the antitrust can be implemented. The antitrust law damages compensation system is very different from the civil compensation system in legislative aim, protection object, constitutive requirements, these differences highlight the unique compensation function, sanction function and incentive function of the antitrust law damages compensation system.In our country, antirust law is late start, the related regulations about damages compensation is too simple, fuzzy and lack of operability, the academia denounce our monopoly damages compensation system frequently So, we should use developed abroad experience and ways in improving damages compensation system in accord with actual situation of our own. We should build constitutive requirements such as plaintiff standard, illegal range, doctrine of liability fixation which adequate to our antitrust damages compensation system. At the same time, building our punitive damages system is more important, combing with relevant legislative regulations, we should build double punitive damages. Besides, our country antitrust law damages compensation system should start with reducing victims’burden of proof further, building burden of proof in reverse system is a better way.