Research On The Anti-monopoly Civil Litigation Of The Indirect Buyer

The indirect purchaser of anti-monopoly civil litigation is an important part of the anti monopoly civil action in our country,but at the present stage of China’s academic circles on such as whether or not should be given to the indirect purchaser lawsuit qualification,indirect buyers burden of proof and other relevant issues have not yet agreed,led directly to the theory of our country about the antitrust civil indirect purchaser the procedure is difficult to effectively guide the judicial practice.Based on this,based on the legislative and practical experience of developed countries or regions in the US and the European Union,this paper analyzes the legal issues of indirect antitrust civil litigation of indirect buyers in China,with a view to provide theoretical support and intellectual support for the improvement of China’s anti-monopoly law.In addition to the introduction and conclusion,this paper consists of five parts:The first part is the legal analysis of the anti-monopoly civil action.This part defines the basic concept of indirect purchasers,which refers to the entire product market sales chain,in addition to any downstream buyers direct buyers in sales chain status and illegal monopolistic behavior form direct trading relationship,including terminal operators(middlemen)and the final consumer;indirect search buyers of anti-monopoly civil litigation value,namely the indirect purchaser of anti-monopoly civil litigation to prevent illegal monopolistic behavior,law enforcement effect supplement antitrust authorities,save the implementation of the anti monopoly law is of special value;analyzes the indirect purchaser of anti-monopoly civil litigation behind the United States and the European Union’s deterrence theory compensation theory.It is a discussion on the present situation and predicament of the anti-monopoly civil action of the indirect buyer in China.This part analyzes China’s indirect purchasers of anti-monopoly civil litigation judicial practice--the first case of Tian Junwei v.Carrefour case and up to now the specific plight of China’s indirect purchasers of anti-monopoly civil litigation theory and system construction encountered in the development,which is China’s anti-monopoly law is not clear whether they have the direct indirect purchaser plaintiff qualification,indirect buyers lack of mention enthusiasm,indirect purchasers of civil antitrust litigation filedantitrust civil litigation when the difficulties of proof.The third part is an analysis of the causes of the causes of the dilemma of the indirect buyer’s antitrust civil action.[rewriting this paragraph,the content should be a protruding cause.The theoretical research of anti-monopoly civil action in China,the construction of relevant legal system and the concrete practice of judicature are late and lack of mature experience.Specifically including the following: 1,China is in the preliminary stage of development of anti-monopoly legal system construction;2,to create China’s anti-monopoly legislation lacks the substantive content of the theory;3,indirect purchasers of anti-monopoly civil litigation problems of conflict and confrontation.The fourth part is the experience and Enlightenment of the anti-monopoly civil action of the foreign indirect buyers.This part of the United States and European Union as the representative of the foreign indirect purchasers of anti-monopoly civil litigation development are briefly summarized and categorized by the developed countries and regions indirect purchasers relatively mature and perfect anti-monopoly civil litigation theory and system construction,in order to promote China’s indirect purchasers of anti-monopoly civil litigation to a higher the steps of development.The fifth part is the pertinent suggestion to the theoretical research of the anti monopoly civil litigation and the development and improvement of the system construction of the buyer in China.Specifically,such as allowing perpetrators of illegal monopolies to engage in counterplea and reducing the burden of proof of indirect buyers,etc.,in order to help our indirect buyers’ development and perfection of the anti monopoly civil litigation system.