On The Exemption In Anti-monopoly Laws

The exemption institution is the basic and essential part of the antimonopoly laws,and its implement has a great practical significance to the realization of legislative objectives of the antimonopoly laws.The dissertation points out that the exemption from the antimonopoly laws in substance is to legitimize the given restraints of competition and to give the legitimacy to the given form or activity.The thesis of dissertation is to establish the exemption institution for the effective control of the competitive behaviors in the process of its legitimacy in order to achieve the plural value of the antimonopoly laws.The term "exemption" has different meanings in the context of the antimonopoly law in different countries.Nevertheless,the exemption from the antimonopoly law in general means that activities in given areas or conducts of certain categories can be excluded from the application of national competition law.The dissertation includes five parts with the positive survey and normative analysis of exemption from the antimonopoly laws.In the preamble,there are three main issues.First,it introduces the background of the selected topic,which contains the reason,the significance and the research status of the exemption from the antimonopoly laws.Second,it illustrates the analysis approach,the material content of the research and the structure,the main issues of the dissertation,and then points out that the object of the thesis is to constitute a legal control institution of the exemption from the antimonopoly laws.Third,it clarifies the legal implication of exemption, and other relevant basic definitions which includs antitrust law, competition law,the competition policy as well as relationship among them.This is the logic origin and the theoretical foundation of the dissertation.Chapter one illustrates the basic theory of the antimonopoly law and exemption.On the one hand,it makes an analysis on general application of antimonopoly law by using an inductive approach on the basis of the comparative analysis.On the other hand,it points out the rationality of exempting the given form or behavior from the antimonopoly law and its significance to entire economy.Meantime,it emphasizes that the relationship between antimonopoly law and the other government economic policies have impact on the scope of exemption,and it is necessarily important to interpret exemption institution correctly so that misconception by public on exemption from antimonopoly law and the law itself could be avoided.Chapter two mainly discusses that the antimonopoly law is based on a multiple set of values that are neither easily quantifiable nor reduced to a single economic objective.These values reflect a society's culture,history,institutions and other factors that cannot be ignored. Value pluralism in the antimonopoly law is the foundation of the existence of exemption.The exemption is the concession to the institution of antimonopoly law as a result of choices on specific values. In some cases,the primary value of the antimonopoly law exemption is to maintain and promote the economic efficiency.In other cases,the enforcement of exemption is focusing on the protection of small business and the development of local economics,such as small or medium-sized enterprises cartels and export cartels.Chapter three examines the antimonopoly law exemption's structure,including the model and the type.As to the type of exemption, the exemptions of a sectoral nature,which reflects historical decision based on political and economic principles,do not apply in most countries now.The view of different antimonopoly laws suggests that the specific business arrangements or practices should be subjected to a case-by-case analysis to determine whether or not they are exempted. Moreover,the exemptions must defer to further specific legislation.As to the model,it is rational to establish an administration-based system which defers to special legislation,and ex ante enforcement as a complement to ex post enforcement,in the light of reviewing the historical backgrounds and status quo in China.Chapter four firstly presents the information on the enforcement procedure of the antimonopoly laws exemption in brief.Then,it makes a detailed analysis on the procedure and the application of antimonopoly law exemption in different countries,and illustrates that the adoption of certain basic procedures and principles in granting of exemptions is necessary,and the due process is the best choice to the control mechanism of exemption in view of the uncertainty of the anti -monopoly law.It also concludes that the exemption from the antimonopoly law requires the relief mechanism and the restriction mechanism such as restrictive and environmental conditions.With such principles,the scope of the exemptions tends to be more limited and the procedures more foreseeable and transparent.