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反垄断法若要真正承担起通过制止垄断行为维护消费者权益的重任,就应当为消费者权益建立多种有效的诉讼模式,集团诉讼便是其一。我国现有的代表人诉讼虽与集团诉讼有相似之处,但本质不同。代表人诉讼是基于民事诉讼法的一种诉讼模式,已不能适用于反垄断领域中的集团诉讼。反垄断法引入集团诉讼势在必行。
If the antitrust law really takes on the important task of safeguarding the rights and interests of consumers through stopping the monopolistic act, it should set up a variety of effective litigation models for the rights and interests of consumers. Group litigation is one of them. Although the existing representative litigation in our country has similarities with the group litigation, it is different in nature. Representative litigation is a kind of lawsuit mode based on civil procedural law and can no longer be applied to the class litigation in antitrust field. It is imperative to introduce group antitrust law.