Review and Improvement of the Objective to Safeguard Market Competition Freedom in Anti-Monopoly Civil Litigation

Sanyi Peng

doi:10.54097/17jax911

Authors

Sanyi Peng

DOI:

https://doi.org/10.54097/17jax911

Keywords:

Civil litigation, anti-monopoly, market competition freedom

Abstract

Safeguarding market competition freedom is the primary objective of anti-monopoly law, and anti-monopoly civil litigation serves as a crucial judicial mechanism to achieve this goal. Since the implementation of the Anti-Monopoly Law, continuous improvements through judicial interpretations and typical cases have gradually shaped a distinctive anti-monopoly civil litigation system characterized by private enforcement. However, current practices indicate that this system still faces multiple challenges in realizing its objective of safeguarding market competition freedom. To enhance the effectiveness of anti-monopoly civil litigation in protecting market competition freedom, it is necessary to reposition the value objectives of China's anti-monopoly civil litigation system. This includes establishing the goal of reconstructing a social market order of free competition and balancing the dynamics between market competition freedom and innovation encouragement. Such measures will enable anti-monopoly civil litigation to more effectively dismantle market barriers, curb monopolistic practices, and ultimately contribute to the construction of a unified national market and the achievement of high-quality development.

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References

[1] Kong Xiangjun. Principles of Anti-Monopoly Law [M]. Beijing: Higher Education Press, 2001: 17.

[2] Zhang Wenxian. Jurisprudence [M]. Beijing: Higher Education Press, 2018: 329.

[3] Jin Kui. A New Treatise on Economic Law [M]. Shanghai: Shanghai Lexicographical Publishing House, 2003: 126.

[4] Zhang Shiming. Defending Prometheus: The Free Competition Character of the Anti-Monopoly Law [J]. Renmin University Law Review, 2019(02): 12.

[5] [UK] Hobhouse, L. T., translated by Zhu Zengwen. Liberalism [M]. Beijing: The Commercial Press, 2005: 4.

[6] Feng Ying. An Interpretation of Yan Fu's Liberal Thought [M]. Changchun: Jilin University Press, 2007: 20.

[7] Walter Eucken. Grundsätze der Wirtschaftspolitik (Principles of Economic Policy), 6th Edition [M]. Tübingen: J. C. B. Mohr (Paul Siebeck), 1990: 275.

[8] Lai Yuanhe. A New Theory on the Fair Trade Law [M]. Beijing: China University of Political Science and Law Press, 2002: 459.

[9] Kong Xiangjun. The Anti-Unfair Competition Law from the New Perspective of the 'General Provisions of the Civil Law' [J]. Comparative Law Research, 2018(2): 92.

[10] Chen Bing. Difficulties in Legal Application and Improvement Regarding Novel Unfair Competition Behaviors on the Internet [J]. Research on Rule of Law, 2021(6): 112.