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On the Relevance between the Forgiveness System of Anti-monopoly Law and Private Enforcement
Pages: 57-60
Year: Issue:  4
Journal: Trade Unions' Tribune (Journal of Shandong Management University)

Keyword:  forgiveness systemprivate enforcementought-to-be contact;
Abstract:  there are ought-to-be contacts between forgiveness system and private enforcement system, the collaboration of legislative value, the complement of institutional functions and the mutual exclusion of practical effect. However, based on the fact that the mutual exclusion of the practi-cal effect would adversely affect the two systems to exert functions, Europe and the United States will establish a series of supporting systems to split such links. This way, first being contacted then being fragmented, is the path dependence for the effective implementation of the two systems. The for-giveness system and private enforcement system in China have no such path dependence, so that in practice the two systems cannot achieve the de-sired effect, so the recovery of ought-to-be contact and the fragmentation of practical link should be taken as the approach perfecting the two systems.
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