The System Of Compensation For Damages Of The Anti-monopoly Law

Compensation for damages of the anti-monopoly law is an important way of private implementation, which can remedy the deficiency of the public implementation, punish and deter the illegal monopolistic behaviors, safeguard the interests of the consumers and the overall interests of the society. However the fiftieth article of China anti-monopoly law is just about the general provision, which is difficult to implement in practice.The dissertation analyses the relevant provisions of compensation for damages of China anti-monopoly law in detail, and then clarifies the implementation status quo in our country present stage, when it compares the experience of implementation of the anti-monopoly law in the outside countries and regions and uses it for reference. Due to compensation for damages of the anti-monopoly law is different from the general compensation for damages of the civil law, so the character of the compensation for damages of the anti-monopoly law can not only follow the traditional principle of the compensatory damages of, it shall establish punitive liability mechanism, and analyze it from the responsibility of economic law and the legislative purpose of anti-monopoly law; Elaborating the constitutive requirements, including the illegal monopoly, fault, causal relationship and damages; Ensuring the lawsuit qualifications of the consumers and the other indirect buyers, and at the same time to guarantee the litigious rights of the victims, it need to be properly reduce the burden of proof of the plaintiff; Applying the standard of treble damages to conform to the legislative purpose of anti-monopoly law and the punitive legislation trend in our country.