A Study On Perfection Of The Private Enforcement Of Antimonopoly Law In China

The enforcement mechanism of anti-monopoly law is comprised of publicenforcement and private enforcement, each of which has its individual characteristicsand advantages. The effective implementation of anti-monopoly law depends upon thetwo means of execution working together. Throughout the history of the developmentof anti-monopoly law, the enforcement mechanism has went through the developmentprocess in which the unitary execution system of public enforcement has beenreplaced by the dual execution system of public enforcement and private enforcementas well. What’s more, anti-monopoly legislation and its practice in countries such asUSA also indicate that good results will be achieved if both of them can cooperatewith each other well. Only in this way can it make a difference and maintain a goodcompetitive market order.At present, public enforcement still plays the dominant role in China’senforcement mechanism of anti-monopoly while private enforcement is still in itsinfancy. Detailed provisions were made on public enforcement in China’santi-monopoly law promulgated in2007. In the meantime, the provision on privateenforcement is also made in the Article50of China’s anti-monopoly law that thebusiness operators who carry out the monopolistic conducts and cause damages toothers should bear the civil liability according to law. But the provision is so loosethat it lacks specific operating procedures and relevant up-to-date regulations, whichmakes a huge procedural barrier on the way to the development of privateenforcement in practice over the last seven years. A satisfactory result is achievedneither in private litigation nor in the system of private supervision. The same goes for the result of the implementation of China’s anti-monopoly law.The private enforcement has its unique advantages, which make up thedisadvantages of public enforcement, strengthen its deterrent power and facilitate theforming of the competitive culture in society. Promoting the development of privateenforcement in China will play a significant part in perfecting and promoting theimplementation of anti-monopoly law. Combined with our national conditions, Chinashould use the experience of other countries for reference, promote the furtherdevelopment of public enforcement of anti-monopoly, and constantly build andperfect private enforcement of anti-monopoly. It is under such a background that thepaper is written. The author writes the article on the basis of the results of previousstudies, trying to make some efforts for the construction and improvement of privateenforcement system in China’s anti-monopoly law.The paper elaborates the private enforcement of China’s anti-monopoly law fromfour aspects other than the introduction.Chapter One raises the existing problems and mainly illustrates the currentsituation of the legislation and enforcement of private anti-monopoly law andanalyses the current problems. First, the private anti-monopoly law is not perfect andis in need of procedural safeguards; second, private parties lack the initiative in filinga lawsuit; private anti-monopoly supervision needs to be strengthened.Chapter Two is the theoretical evidence. It starts with the definition of privateenforcement and illustrates the basic principles and the theoretical basis of privateanti-monopoly law.Chapter Three gives a detailed account of the fully-developed system and theadvanced experience of the private enforcement of anti-monopoly of USA and theapocalypse China can get from them, which provides reference for the constructionand perfection of private anti-monopoly system.Chapter Four puts forward specific suggestions on how to perfect the privateenforcement of China’s antitrust law such as how to coordinate private enforcementwith public enforcement and so on.