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On the Rules of Antitrust Collective Litigations in the U.S. and the EU: Lessons for China

Author: ZhouDanDan
Tutor: HaoZuo
School: China University of Political Science
Course: Legal
Keywords: Antitrust group action U.S. class action EU antitrust group action Chinese group action Legislative proposals
CLC: D95;D925.1
Type: Master's thesis
Year: 2011
Downloads: 116
Quote: 0
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Abstract


100 years of antitrust practice has proved extremely important role in the maintenance of the development of the country and the market economy as \Laws alone is not sufficient on its own \Only when the joint action of public enforcement and private enforcement services in the implementation of the anti-monopoly law, and to be able to play the purpose and effect of the anti-monopoly law. With the implementation of the anti-monopoly law in China's anti-monopoly civil litigation will become the field of new court trial, the the antitrust group action will also be gradually increased. In some cases, the large number of victims of monopolistic behavior, and thus the overall damage is huge, but each individual victims, a separate indictment lack of motivation, lack of protection of the interests of victims. Then lift the group action can inspire and promote the prosecution, to protect the interests of each impaired, maintenance of fair competition in the market. However, our group litigation system is not perfect, learn from the successful experience in the United States and the European Union and recommendations on the full implementation of China's anti-monopoly law is of great significance. This paper aims at combining the the Group Litigation status quo, the antitrust group action idea and try to learn from the U.S. class action as well as the European Union to build, and to make appropriate recommendations to build China's anti-monopoly Group Litigation. This thesis is divided into six parts, each part of the main contents are as follows: Preface introduces the motivation and purpose of the writing of this article. The first chapter introduces antitrust private enforcement regime antitrust group litigation, in order to pave the way for the description below. Section I Overview of antitrust private enforcement system, introduces antitrust private enforcement of public execution, a centralized system of private enforcement and decentralized private enforcement regime, EU legislation and practice of private enforcement regime, and the American system of private enforcement, as well as China's anti-monopoly private enforcement brief description. Section II focuses on antitrust Group Litigation, analysis and discussion of the system of private enforcement of antitrust and groups in litigation related to four factors, including the determination of the amount of compensation, contingent fees, Evidence Discovery System, the collection of legal fees. The second chapter focuses on antitrust class action in the United States. Section I introduces the concept of the class action in the United States, constitute conditions History Group litigation legislative purpose, and at the same time to discuss the problems and controversies Group Litigation, its pave the way to compare and learn from the antitrust class action in the United States; Section II to introduce the concept of antitrust class action in the United States and the applicable conditions, the rise and fall of the antitrust class action in the United States, and a brief discussion of the main criticisms of antitrust class action against the United States. The third chapter introduces the EU experience and learn to build and improve the antitrust group litigation system. The first section describes the overview of the EU's antitrust Group Litigation, including the EU level and at national level. The second section focuses on the EU's 2005 Green Paper and 2008 White Paper on the proposed building group action, especially groups proposed in the 2008 White Paper, the two groups joined the \Section III discusses the shortcomings in the White Paper on the recommendations of the group action. The fourth chapter, presented the recommendations to improve China's anti-monopoly Group Litigation. The first section describes the status of Group Litigation. Section II presented the recommendations to improve China's anti-monopoly Group Litigation. The short-term recommendations include build and improve on the antitrust representative action system; explained by the Supreme Court of Justice to give the court a more active role; strengthen the role of lawyers in the antitrust representative action system; perfect lawsuits play system, development groups of the right to appeal certain groups, that gives the right to appeal, sue them on behalf of the rights holders. Long-term recommendations include the build and improve relevant laws and regulations; antitrust group action is governed by the Intermediate People's Court People's Court; legitimate mechanism to improve the program, such as the plaintiff's right of withdrawal, adequate representation and notification system; costs of litigation reform; compensation system modification and improvement; perfect Evidence Discovery System, private enforcement can be invoked directly identified evidence of public execution. In the concluding section of the main point of this article a summary of the main issues discussed in each chapter focused argument.

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