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现代经济中,垄断违法行为的损害沿着不断扩张的产业链条在各个层级延伸,上游购买者通常将所支付的高额价格转嫁给下游购买者,并最终由消费者承担。《反垄断法》第50条建立了我国私人反垄断诉讼机制,然而并未明确提起反垄断损害赔偿诉讼的原告范畴,包括间接购买者的诉讼资格问题。通过对美国和欧盟的间接购买者规则作出深入剖析,结合我国国情和反垄断法诉讼的发展现状,我国应当及时赋予间接购买者反垄断法上的诉讼资格。
In modern economies, the damage of monopoly violations extends along all levels of the expanding industrial chain. Upstream buyers often pass the high prices they pay on to downstream buyers and ultimately to consumers. Article 50 of the Anti-Monopoly Law establishes a private antitrust litigation mechanism in our country. However, the scope of the plaintiffs involved in the antitrust damages lawsuit has not been explicitly raised, including the issue of the procedural qualification of indirect purchasers. By analyzing the rules of the indirect buyers in the United States and the EU, combined with the current situation of China’s national conditions and the development of antitrust lawsuits, China should endow the indirect buyers with antitrust lawsuits.