西南石油大学学报(社会科学版) ›› 2012, Vol. 14 ›› Issue (4): 42-48.DOI: 10.3863/j.issn.1674-5094.2012.04.009

• 政治学与法学 • Previous Articles     Next Articles

Economic Law Approaches of the Private Enforcement ofthe Antimonopoly Law

LIU Nai-liang   

  1. Economic Law School,Southwest University of Political Science and Law,Yubei Chongqing,401120,China
  • Received:1900-01-01 Revised:1900-01-01 Online:2012-07-01 Published:2012-07-01

Abstract: Since the 1990s,the establishment of private enforcement mechanisms is the latest progress in antimonopoly law practice in many countries,which also becomes one of the focuses of antimonopoly researchers and practitioners. At present,European and American countries have established a parallel binary antitrust enforcement mechanism of public enforcement and private enforcement with the purpose of overcoming the problem of government resource waste and inefficiency caused by public enforcement mechanism,thus better realize the economic targets and social goals of antimonopoly law. China’s current antitrust legislation does not design enough terms on private enforcement,and those terms are not strong and practicable enough. The systems of multiple damages,class action,and public support enforcement are effective approaches to the establishment of private enforcement of antimonopoly law. Together with the perfection of legislation,efforts should also be made to cultivate healthy competition environment in order to enhance the soft power of China’s market economy.

Key words: antimonopoly law, private enforcement, public enforcement, multiple damages, class action lawsuit

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