APPLICATION OF VINDICTIVE DAMAGE COMPENSATIONS IN ANTIMONOPOLY PRIVATE ACTION

As to the implementation of Anti-monopoly Law, China traditionally emphasizes security effect of public forces, but ignores private forces. Even so, private lawsuits still own value to make up insufficient budget of anti-trust responsible organs and restrict authorities’ abuse of power and so on. However, China’s liability for damage of Anti-monopoly Law can not be exceeded by liabilities of civil law, which prevents private lawsuit to play a role. Through analyzing the legislative intents of Anti-monopoly Law and functions of vindictive damage compensations, this paper finds out that only vindictive damage compensations mechanism can make private lawsuits become powerful antitrust force, and comes up with specific structuring ideas from application range, application standards, compensation amount and system cooperation.