| Being one of the important mechanisms to implement the antitrust law, antitrust litigation is an important issue in both theoretical research and judicial practice. There are two research approaches on this issue. One is the individualist idea and thinking paradigm, which takes individual rights as the center and looks the litigation as a dispute resolution mechanism. The other is the holistic view and thinking paradigm, which takes order construction as the center and looks the litigation as an important mechanism for building the ideal order. This article is of the holistic point of view as to the value orientation and system construction of the mechanism of antitrust litigation. The history of antitrust law and social development shows that the formation and development of antitrust law is synchronous with the formation of organic society, and as a result, the damage caused by monopolization is mainly to the society as a whole, that is, to the condition of competition formed by the interaction of market subjects under certain market concept and system, not just to particular competitors or consumers. Differing from the harm to the individual, the harm to the whole is of uncertainty as regards to the specific subjects harmed, is dynamic as regards to the objects harmed, and is extensible and difficulty to calculate, restore and remedy as regards to the consequence of damage. These characteristics make the monopolization one kinds of risk behaviors, and the antitrust law falls into the category of modern social regulation law. According to the property of antitrust law, antitrust litigation should be the litigation of order construction. Such litigation, in value, lays stress on the safeguard of competition order instead of the protection of individual rights. In function, it advocates judicial activism and positive response to common values formed among competition in the society. In the system construction, it is in favor of the relaxation of qualifications of the plaintiff and the establishment of a litigation mechanism of multiple participations. |
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