The Supreme Court’s Antitrust Judicial Interpretation is of far-reaching significance

——Exclusive interview with the deputy leader of the expert advisory group of the w88 slot Commission of the State CouncilHuang YongProfessor

("Legal Daily"2012Year5month9Japanese 12th edition)

News from this newspaper (Reporter Jiang Anjie)2012Year5month8日,The Supreme People's Court issued the "Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopolistic Behaviors",Aroused widespread concern from all walks of life. Regarding the importance of this judicial interpretation,The reporter conducted a special interviewDirector, Competition Law Center, w88 casinoRen HuangyongProfessor。

Huang YongThe professor is a well-known expert on antitrust law in China,Currently serves as deputy leader of the Expert Advisory Group of the w88 slot Committee of the State Council. He has long been involved in the formulation of antitrust laws and supporting antitrust regulations. since2008Since the Supreme People’s Court started drafting w88 slot civil judicial interpretations,Huang YongProfessor and the Competition Law Center of the w88 casino led by him have also been involved in the discussion and demonstration of relevant drafts and suggestions,Actively provide suggestions and suggestions to the Supreme People’s Court.

w88 slot law is a powerful tool to protect economic democracy

Huang YongProfessor said,Antitrust law is a powerful tool to protect economic democracy,It is also the most important institutional guarantee for the orderly operation of the market economy,known as in the West“Economic Constitution”. The formulation and implementation of antitrust laws in my country,Although it has gone through a tortuous process,But from the perspective of the institutional value of the law itself,Especially in the primary stage of socialism in our country,In a situation where marketization is not yet sufficient,The promulgation of the w88 slot Law is important for breaking monopoly, promoting reform and my country's marketization process,Improving the socialist market economic system,Protecting consumer welfare is of great significance.

Huang YongThe professor told reporters,China’s w88 slot Law has been implemented for nearly four years,3Administrative law enforcement agencies(National Development and Reform Commission, Ministry of Commerce, State Administration for Industry and Commerce)Actively carry out w88 slot administrative law enforcement work,Promulgated a series of supporting regulations and departmental rules,Processing of a large number of cases with widespread social impact,further publicized the antitrust law,Established the authority of antitrust law,It also enhances the awareness of fair competition and antitrust compliance among enterprises and society.

Antitrust civil litigation is another important way for parties to seek antitrust relief,Also in line with international practice. However, in my country’s w88 slot Law, there is only Article for civil litigation.50Provisions of each law,And the expression is only one sentence,Highly abstract principle; courts at all levels have also heard dozens of antitrust cases in the past four years,However, there are still many uncertainties in the court’s handling of civil litigation cases,Including jurisdiction issues, litigant’s qualifications to sue and burden of proof issues, etc.

“The formulation and promulgation of the "Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopolistic Behaviors",Will effectively resolve antitrust civil litigation during operation“Nothing to rely on”'s blank status,Further refinement and explanation of Article 1 of the Antitrust Law50General provisions of Article,Make the courts more disciplined in judicial practice,Especially to make the proceedings more standardized. at the same time,Develop special judicial interpretations below the legal level,The w88 slot legal system has also been further improved and improved.”Professor Huang Yong said so.

w88 slot judicial interpretation needs to be improved

Huang YongProfessor introduction,Clear the parties’ litigation qualifications, burden of proof and litigation rights through judicial interpretation,Can greatly promote the development of antitrust civil litigation,Greatly broadens the relief channels for parties involved. Of course,Based on the experience of developed countries under antitrust laws,The average length of complex antitrust civil litigation is four to five years,The cost of the victim filing an antitrust civil lawsuit includes tangible property payments such as litigation fees, attorney fees, investigation and evidence collection fees, expert witness fees, etc.,Also includes indirect losses that may be incurred as a result of prosecution. Therefore,In order to solve the burden of litigation costs on the parties,Some countries have also designed it3Multiple damages compensation mechanism, lawyer risk agency mechanism or group litigation mechanism etc.,To encourage private litigation or reduce litigation costs for parties. These are still missing in my country’s current antitrust civil litigation system,Because these systems involve major reforms in my country’s civil litigation system,It is still difficult to break through the judicial interpretation of antitrust.

A long-term researcher in the field of China’s antitrust lawHuang YongThe professor thinks,This judicial interpretation is a pioneering legal document in the field of antitrust civil litigation,There are still many areas for improvement.

First,The explanation does not solve the problem of the connection between antitrust civil litigation and antitrust administrative enforcement in the future,Especially for what may appear in the future“Follow the lawsuit”,How does the court treat the administrative ruling or fact finding that has been made by the administrative agency,will be directly related to the implementation concept of a country’s antitrust law; secondly,From the perspective of length,Procedural issues account for the majority of judicial interpretations,The substantive regulations related to the identification of monopolistic behavior are relatively lacking,This aspect reflects the complexity of monopoly cases and requires reasonable analysis based on the specific circumstances of the case,On the other hand, it is also related to the current lack of accumulation and precipitation of cases in our country,Still not much experience related,To be further improved in the future.

Huang YongThe professor finally said,The timely introduction of judicial interpretations by the Supreme People’s Court will help solve pressing problems in reality,Although judicial interpretations cannot cover all aspects of antitrust civil litigation,But some core issues in judicial practice have been covered and solved,In particular, it regulates some important issues in litigation procedures,It plays an important role in promoting the initial implementation of w88 slot law. You should also see,The establishment of a complete antitrust civil litigation system still takes time,We still need to continue to explore, learn from and innovate.

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