中國反壟斷損害賠償訴訟的目標 : 僅僅是賠償嗎 ? ——歐盟的視角

Abstract

The objectives provides by the Anti-Monopoly Law of China and its Judicial Interpretation concerning antitrust damages actions are too general. They cannot be achieved directly by the antitrust damages action, and in turn, such ultimate and general objectives by no means provide clear guidance for the construction and application of an effective antitrust damages action system in China. More importantly, the clarification of direct goals actively pursued by the antitrust damages action in China could also provide a benchmark to assess the appropriateness of the specific antitrust litigation measures to be applied in China. This article aims to clarify the direct goals of the antitrust damages action for breaches of the Anti-Monopoly Law of China and the role they should play in the effective enforcement of the AML, since the goals will affect the specific measures and policy choices-making in terms of antitrust private enforcement measures.