| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 103 === This thesis focuses on the mechanism of the indemnification of the U.S. Antitrust Law and Taiwanese Fair Trade Law. Based on the research of previous papers and court decisions about the U.S. Antitrust Law, this thesis further explores issues from a comparative law perspective in order to specify the meaning of injury and damage of article 30, paragraph 1 of the Taiwanese Fair Trade Law.
In chapter 2, this thesis will introduce the purpose and enforcement of the U.S. Antitrust Law. The main propose of the U.S. Antitrust Law is to preserve free and unfettered competition of the market. It rests on the premise that unrestrained interaction of competitive forces will yield the best allocation of economic resources, lowest prices, highest quality, and greatest material progress. Besides, U.S. Antitrust Law is handled by: (1) public enforcement; (2)quasi public enforcement; and (3)private enforcement. Private enforcement plays the most important role in the enforcement of the law.
In chapter 3, this thesis explains the meaning of injury and damage of Section 4 and 4A of the Clayton Act, which is a critical component of the U.S. Antitrust Law. It provides that anyone harmed by anything forbidden by the Antitrust Laws may sue in federal court regardless of the amount in controversy. Moreover, in order to calculate the amount of damages, there are many theories that can be used, such as Yardstick Theory, Before-and-After Theory, and Market-Share Theory.
In chapter 4, this thesis explores the burden of proof of the plaintiff in an antitrust case. The Supreme Court of the United States recognized that an antitrust plaintiff has to establish the amount of damages with mathematical precision, but the standard for proving the amount of damages is less stringent than the required for proving the fact of damage. Furthermore, this thesis will introduce the expert evidence under Federal Rules of Evidence article 702.
In chapter 5, this thesis explores the mitigation of damages. For example, in an antitrust case, if the plaintiff can show a failure of plaintiff to mitigate damages, the plaintiff may not recover damages for avoidable losses.
In chapter 6, this thesis is based on all court decisions made on the Taiwanese Fair Trade Law, reviews the development of the mechanism of indemnification of the Taiwanese Fair Trade Law, and makes some suggestions."
Finally, in chapter 7, in order to make the mechanism of indemnification of Taiwanese Fair Trade Law more flexible and functional, this thesis recommends that it should be amended.
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