Research On The Antitrust Civil Litigation Issues Of Indirect Buyers

The indirect purchaser of anti-monopoly civil litigation is an important part of the anti monopoly civil action in our country.By initiating an antitrust civil lawsuit,the indirect purchaser can enable the implementer of the monopoly to compensate for the losses caused by the monopoly and achieve fairness and justice;secondly,it can play a deterrent role to the potential monopoly;and it can promote competition culture;Finally,it can make up for the lack of public implementation and overcome the shortcomings of administrative agencies.However,antitrust civil lawsuits in China have not played their due role and are developing slowly,showing the characteristics of fewer cases and lower success rates.The indirect purchaser is characterized by a large number of people who are scattered and consumer-oriented.It should be the main force in antitrust civil lawsuits,but this is not the case.Facing the problem of the inadequate development of indirect purchaser's antitrust civil litigation in China and combining relevant case analysis,based on drawing on the mature legislation and judicial practice of USA,the EU and other places,this article analyzes from three aspects and make suggestions.It is hoped that it can provide more theoretical support for China's antitrust private implementation,enhance the enthusiasm of indirect purchasers to initiate antitrust civil lawsuits,improve the underdevelopment of antitrust civil lawsuits in China,and promote the private implementation of antitrust laws.This article contains 6 sections,divided into introduction,conclusion and four chapters:The first chapter mainly introduces the current situation and dilemma of antitrust civil litigation of indirect purchasers.First,we clarify the basic concepts of indirect buyers and introduce the characteristics of indirect buyers.Then through a review of antitrust civil cases in the past ten years,it was found that antitrust civil litigation has developed slowly and generally has the characteristics of fewer cases and lower win rates.Based on this,combining the first case of China 's indirect purchaser's antitrust civil litigation judicial practice—Tian Junwei v.Abbott 's Monopoly Dispute Case,tihis article analyzes and summarizes the dilemmas faced by the indirect purchaser in the private antitrust implementation.These are the the issue of plaintiff qualifications in civil litigation,the burden of proof of the indirect purchaser in the antitrust civil litigation,and the application of the group litigation mechanism in the indirect purchaser's antitrust civil litigation.The second part discusses whether the plaintiff qualification of the indirect purchaser in the antitrust civil litigation should be identified.Firstly,the legal basis of the indirect purchaser's qualifications is put forward.Secondly,the " Passing-on defense " is closely related to the eligibility of the indirect purchaser,which is mainly manifested in the fact that the defendant's transfer defense will affect the determination of the plaintiff's qualification,and then analyzes the legal consequences of allowing or prohibiting the defendant to transfer the defense.After analyzing the advantages and disadvantages,it is concluded that the plaintiff qualification of the indirect purchaser should be determined.The third part discusses how to alleviate the difficulties of indirect purchasers in collecting evidence and proving in antitrust civil litigation.Firstly,it shows the three ways of indirect purchasers to obtain evidence,and points out that it is difficult for indirect purchasers to solve the problem.Then it analyzes the situation where the indirect purchaser bears a heavy burden of proof.Finally,to improving the rules of evidence in antitrust civil litigation,it is recommended to establish rules of evidence disclosure,reduce the burden of proof of indirect purchasers,and clarify the evidence effectiveness of administrative decisions made by antitrust agencies.The fourth part discusses the application of the group litigation mechanism in the antitrust civil litigation of indirect purchasers.First of all,the characteristics and harms of large-scale infringement are analyzed,and the internal relationship between illegal monopoly and large-scale infringement is pointed out.Combined with the characteristics of indirect purchasers,the specific advantages of the group litigation mechanism in civil lawsuits are pointed out.Then,it examines the United States and Germany,which have relatively mature antitrust legislation and judicial practice,and analyzes the respective advantages and lessons of class actions represented by the United States and group actions represented by Germany.Finally,it puts forward suggestions on the application of the group litigation mechanism in the field of antitrust civil litigation in China,they are,to improve the existing representative litigation system and empower consumer organizations with plaintiff qualificat ions in antitrust civil litigation in order to promote the development of antitrust civil litigation in China.