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我国反垄断法的私人实施面临受害人数众多,原告资格难以确认,被告违法行为难以证明,损害赔偿数额难以计算等诸多难题,而竞争文化的缺失,法律工具主义的流行,可能使私人实施反垄断法变得更为困难。将反垄断诉讼之原告限定为直接受违法行为影响的人,以反垄断执法机关或法院作出了被告违法的有效决定或判决作为受理案件的条件,实行因果关系推定原则,统一规定损害赔偿数额的计算方法,重视竞争文化的培育和传播,可有效地克服这些困难。
The private enforcement of antitrust law in our country faces many problems such as the large number of victims, the plaintiff’s qualification is difficult to confirm, the defendant’s illegal behavior is difficult to prove, the amount of damages is difficult to calculate and many other issues, and the lack of competition culture, the prevalence of legal instrumentalism, Law becomes more difficult. To limit the plaintiff of the antitrust litigation as the person who is directly affected by the illegal act, the antitrust law enforcement organ or the court made the effective decision or judgment of the defendant as the condition for accepting the case, and implemented the principle of presumption of causation, and uniformly stipulated the amount of damages Computational methods, emphasizing the cultivation and dissemination of competitive culture, can effectively overcome these difficulties.