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我国《反垄断法》第50条规定:“经营者实施垄断行为,给他人造成损失的,依法承担民事责任。”该规定赋予了受到垄断行为侵害的当事者通过民事诉讼程序获得救济的权利。私人主体在反垄断法实施过程中的作用首次在立法层面获得肯定,由此引起了社会各界的广泛关注。2008年8月1日《反垄断法》施行后,在短短的一年多时间内,就有十余起反垄断私人诉讼案件的相关报道见诸报端,其中较为引人注目的有北京律师李方平诉北京网通公司垄断纠纷案、重庆律师刘方荣诉重庆市保险业协会垄断纠纷案等案件。反垄断私人诉讼又称反垄断私人诉讼,是指公民、法人和其他组织等垄断行为的利害关系人依据《反垄断法》直接向法院提起诉讼,以追究垄断行为人的民事责任尤其是赔偿责任的诉讼。近年来,许多国家积极倡导并努力推进反垄断私人诉讼的发展和完善。我国《反垄断法》中尽管只有一个条文对反垄断领域的私人诉讼制度做出概括性的规定,但该条文为我国反垄断私人诉讼制度的建
Article 50 of China’s “Anti-monopoly Law” stipulates that: “When undertakings implement monopolistic behavior and cause losses to others, they shall bear civil liability in accordance with the law.” “This provision gives the parties who are monopolized the rights to be remedied through civil proceedings . For the first time, the role of private subject in the process of implementing antitrust law has been affirmed at the legislative level, which has aroused widespread public concern. August 1, 2008 After the implementation of the Anti-monopoly Law, in just one year and more, more than a dozen anti-monopoly private litigation cases reported in various newspapers. Among them, the most notable ones are Beijing Lawyers Li Fangping v. Beijing Netcom company monopoly dispute case, Chongqing lawyer Liu Fangrong v. Chongqing Insurance Association monopoly case and other cases. Antitrust private litigation, also known as antitrust private litigation, means that the interested parties such as citizens, legal persons and other organizations monopolistic acts directly file a lawsuit to the court based on the ”Anti-monopoly Law" in order to hold the monopolist’s civil liability, especially the liability Litigation. In recent years, many countries have actively advocated and worked hard to promote the development and improvement of antitrust private litigation. Although there is only one provision in China’s Anti-Monopoly Law that provides a general rule on the private litigation system in the field of antitrust, this provision is an important part of our country’s antitrust private litigation system