从微软案看美国反垄断诉讼的特点（The characteristics of American antitrust litigation viewed from the Microsoft case）.docVIP

从微软案看美国反垄断诉讼的特点（The characteristics of American antitrust litigation viewed from the Microsoft case） The characteristics of American antitrust litigation viewed from the Microsoft case Author: Han Zhihong The Microsoft monopoly case raise a Babel of criticism of the United States in May 18, 1998 from the Ministry of Justice jointly in 20 states (one of the States later exit) prosecution, to April 3, 2000, Federal District Court judge Jackson announced that the Microsoft Corp violates antitrust law of the United States, in June 7, 2000, made the decision dismemberment Microsoft Corp, which lasted more than 2 years (since the Microsoft Corp said the verdict continues to appeal, so the case will drag on for months or even a year or more), we can see not only the United States government to maintain domestic free and fair competition in the market order and the interests of consumers through legal procedures from the firm, and it is clear that the characteristics of American antitrust litigation. Analysis of these characteristics, the perfection of Chinas Anti Unfair Competition Law (Chinas Anti Unfair Competition Law regulates the behaviors of restricting competition and narrow acts of unfair competition and anti-monopoly law) will be of great advantage. First, the characteristics of the subject of litigation. In our country, the plaintiff who claims the action against unfair competition is the infringed operator. Article twentieth of Chinas Anti Unfair Competition Law stipulates: if the lawful rights and interests of the infringed operator are infringed upon by unfair competition, they may file a lawsuit with the peoples court.. Obviously, such a lawsuit is a civil relief provided by the court in accordance with the victims application for unfair competition, including judgment, cessation of violations and damages. The plaintiff of the antitrust litigation in the United States can be either the infringed operator or the prosecutor, that is, the procuratorial organ. Th