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Comparative Study on Compensation for Damages System Under Anti-trust Law Between China and Korea

Author: LiMinJing
Tutor: XuShiYing
School: East China University of Political Science
Course: Economic Law
Keywords: Anti-monopoly law The implementation of the private Damages
CLC: D931.26
Type: Master's thesis
Year: 2010
Downloads: 92
Quote: 1
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Abstract


August 1, 2008, the Anti-Monopoly Law of the People's Republic of China formally implemented, the Act initially established antitrust law damages system. Unfortunately, the \Korean Monopoly Regulation Act in 1981 will be formally implemented, competition law enforcement agencies have accumulated a wealth of experience. Thus, practice and research are relatively in-depth the Korean antitrust damages system. In order to stimulate antitrust damages litigation and antitrust law private enforcement measures, in 2004, South Korea Monopoly Regulation Act were modified, abolished the system of pre-trial decision program execution, while using the determined amount of damages the system. Korean Monopoly Regulation Act private enforcement, in particular damage compensation system implementation and modify specific construction and implementation of the system of antitrust damages is an important reference. Therefore, by the comparison and analysis of China's anti-monopoly law, \The first part, the anti-monopoly law, an overview of the damage compensation system. This section describes the concept, function and type of the damage compensation system, discusses the differences and relations between the damages system of anti-monopoly law and civil law system of damages. The second part, China and South Korea antitrust damages regime contrast. China and South Korea antitrust damages system status quo, existing bilateral antitrust damages institutional defects. The third part, South Korea's antitrust damages system specific, detailed analysis of the the Korean antitrust damages request system, to further introduce Korea's anti-monopoly law damages system features, the determination of the amount of damages, such as South Korea, before the system and modify the pre-trial decision procedure. Part IV, Han Jian, improve the system of antitrust damages. First, the part of the Chinese anti-monopoly law damages regime need to build, and discusses China and South Korea can draw on antitrust damages system. Then double compensation system, a court of competent jurisdiction from the plaintiff accused the main qualifications, improve the Chinese antitrust damages system recommendations.

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