《反垄断法》有关横向垄断协议中私人诉讼规定较原则。为顺利推进司法实践的运作,首先要明确享有诉权者的范围,在认定横向垄断协议成立方面,横向垄断协议一旦做出即存在损害经济的现实可能性,应予追究而不能仅追究垄断行为后果;鉴于共谋证据难以取得,赋予法院享有推定企业间存有共谋的自由裁量权,以及明确证明责任承担。 The Antitrust Law provides for the principle of private litigation in horizontal monopoly agreements. In order to smoothly promote the operation of judicial practice, it is first necessary to clearly define the scope of those who have the right to sue. Once the horizontal monopoly agreement has been established, that is, there is a realistic possibility of damaging the economy and should be prosecuted instead of being investigated for monopolistic consequences ; Given the difficulty in obtaining evidence of complicity, giving the courts the discretion to seek collusion between the presumptive establishments and the unequivocal burden of proof.