德国反垄断法中私人执行制度的修订过程——解读德国《反限制竞争法》第33条立法经过

The Procession of the Revision of the Private Enforcement System in Germany "Anti-Trust Law"——taking the 33th provision of the "Anti-Competitive Restriction Law" as an example

德国于2005对其《反限制竞争法》进行了第七次修订,有关的私人执行制度规定于新法的第33条。经过此次修订,新法第33条中规定的私人执行制度较之旧法在很多方面发生了根本性变化。同时该条的修订过程也并不是一帆风顺的,新法第33条的产生伴随着立法者和参与立法过程的法律专家、行业协会和卡特尔当局的激烈的争论和妥协。

Germany has revised the ＂Anti-Competitive Restriction Law＂ for the 7th time in the year of 2005,and the relevant private enforcement system is provided in the 33rd provision of the new legislation,which have changed and improved a lot in many aspects after this amendment,compared with the old regulations.Yet in the same time,the revision process of the new law was not carried out that smoothly,as the legislators,the legal experts,the Industry Association of Law and the Cartel Authorities had an intense debate and ultimately comprised with each other on this issue.