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On the System of Antitrust Civil Litigation

Author: BianWenYing
Tutor: JiangYanBo
School: Jiangxi University of Finance
Course: Economic Law
Keywords: antimonopoly law civil litigation private enforement system
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 85
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Abstract

Being an economic law of protecting the interests of consumers and the whole society, the anti-monopoly law of the Republic of China was issued officially in august,1st,2008, to protect the fair and competitive order of the market. After issuing, the execution problem became the social focus. In current society with highly advanced market economy, for the competition and monopolization exist simultaneously, it’s important to stipulate and implement antitrust civil litigation to ensure the healthy and stable development of the market economy. As a necessary part of the enforcement, the antitrust civil litigation plays an important role in supervising the antitrust executive organs, making it easier to collect and handle imformations of monopolization, saving government resources, deterring monopolization and improving efficiency of enforcement. Despite the many advantages, the antitrust civil litigation receives wide criticism. Many critics ascribe the explosive increasement of antitrust private enforcement in America to treble damages. The limitations of antitrust private enforcement lie in two aspects, over deterrance and private enforcement abuse. Our country’s antitrust civil litigation is still in the primary stage, we need to learn and study other country’s experience of antitrust civil litigation such as the treble damages in America, prepositional judgement by Fair Trade Commission in Japan and trend of the private enforcement development in Europe. Learning about the situations and system designs in all countries, we can set up the most suitable antitrust civil litigation system for our country. As for the problem of jurisdiction, the competent courts should be intermediate level or above for the benefit of summerizing experiences and decreasing litigation costs. On the plantiff qualification problem, class action system shall be introduced for further development and perfection of relevant judicial systems. On the identification problem of monopoly, we must improve the legal status of the rational principle to be the basic principle of judicial review, accompanied with the principle of legality. And on the connecting problem of antitrust administrative enforcement and civil litigation, we should adopt opening connection which mainly based on victim’s choices to arouse public enthusiasm as much as possible. Besides, we should adopt double damages, which helps more to promote our country’s antitrust civil litigation on the problem of damage compensation.

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