On Anti-monopoly Exemption Of The Rural Cooperative Finance

Rural cooperative finance is refers that voluntary contribution of the majority offarmers, rural small and medium-sized enterprises,democratic management,collectively mainly provide financing services for members of the financial activitiesin the rural area based on cooperative principle. Rural cooperative financialorganization includes rural credit cooperatives, rural cooperative banks, rural mutualcooperatives, agricultural cooperative foundation and rural Party member societies.Rural Credit Cooperatives is the most important type of organization as therepresentative. Rural cooperative finance is based on cooperative economic thoughtsin Marx’s political economics, western economics and China characteristic socialismtheory.The value of anti monopoly law decided scope of the anti monopoly lawexemption. The basic properties of the anti monopoly law is generally applicable to allsectors,but the anti monopoly exemption is the implementation of the anti-monopolylaw.It is also an important supplement. The exemption system of anti-monopoly law isthe national anti-monopoly law in the detector function of rural financial field strength,the value orientation and system settings affected by the national economic, political,cultural, international environment and other factors, which also determines theestablishment of this system. Rural financial market structure, the level of developmentand rural financial industry policy is an important factor to influence the decision ofrural cooperative finance and exemption of anti-monopoly law.Rural cooperative financial organization as the subject of the market, engaged inbusiness activities,compete with other market subjects. This characteristic decide thatit is commercial. Because of its nature of certain commercial competition, it can enterthe field of anti-monopoly law to discuss the problem of the applicability of the Ruralcooperative finance organization. It is based on the principle of mutual aid andcooperation on the cooperative financial organization, in order to maintain the long-term effective operation, the maximum extent to meet members of the reciprocityand service capital needs. It is the business of this feature, decided it is necessary toexplore the anti monopoly law to deal with the exemption problem.Rural credit cooperatives, rural cooperative financial market subject in the market,because of the objective economic environment factors, the formation of resourceadvantages, resulting in market share, market influence, price control capacity andother advantages. Obtains the market main body of market dominant position of ruralcredit cooperatives and other rural cooperative finance, such as differential treatmentof transactions, additional conditions, compulsory fees, transaction fees, mandatorybinding tying, assigns the transaction and forced trading abuse of dominant positionbehavior. These acts of serious harm to the interests of the financial consumers. Toprotect the interests of consumers is an important law profit target of anti-monopolylaw, the consumer rights and interests can be a suitable standard independent in theabuse of dominant market position in the case. This kind of damages on the interestsof the consumers belong to the theory of "exploitative abuse" of dominant marketposition type. At the same time, there are interest alliance agreement restrictingcompetition behavior about rural cooperative finance. In addition, because of itsmechanism of merger and reorganization of the occurrence and the checkup of thestandard "failure", there are monopoly risk concentration of business operators in therural cooperative finance field.Although rural cooperative finance field problem of monopoly and monopolyexist risk, the particularity of rural cooperative finance based on the implementation ofthe exemption should have a certain degree of China’s anti monopoly law.Anti-monopoly law exemption of rural cooperative finance has sufficient reasons,mainly reflected in: the rural cooperative financial institutions as the main body of theweak combined mutual aid, the particularity of property relations and democraticmanagement of the organizing principles; system function of rural cooperativefinancial organizations can realize economic democracy, political democracy, socialwelfare and so on. The developed countries and areas such as the United States,European Union and Japan proviside for rural cooperative behavior exemption with different angle and different content, China can consider to draw lessons from theseadvanced legislation experience.On the rural cooperative finance of the anti-monopoly law exemptiondetermination principle problem, we should according to the specific situation and thecomprehensive use of Per se illegal rule and Rule of reason.In the process of the ruralcooperative finance identified exemption in anti-monopoly law, we also shouldconsider the following factors: related behavior is consistent with the cooperativepurpose,"the provisions of recognition" and "presumption of recognition" distinction,organizational behavior of internal and external sexual distinction etc.How to apply the system of exemption from antimonopoly law problem need tobe solved in the mechanism and the procedure level. The current provisions of China’s"anti-monopoly law" about the exemption embodied in seventh, fifteenth,twenty-eighth, fifty-fifth, fifty-sixth and so on. Tthe rural cooperative finance foranti-monopoly exemption can not be directly applied to the above provisions. It can’tfind direct basis for the rural cooperative finance in the existing law method. Theexemption system is the inherent system including in the anti monopoly law. Therefore,anti-monopoly exemption on rural cooperative finance cannot create a system lonely,we should use the method of "interpretation" in the existing legal system ofinterpretation and application, the framework of the system of anti-monopoly law inour country.In the way of exemption, our country should choose the discretionary exemption;in the aspect of allocation mechanism, administrative right to determine systemadvantage mechanism itself has compatibility with the Chinese anti monopoly lawsystem, our country should establish the administrative right decision mechanism; inthe exemption procedures, we should be applied to behavior exemption procedure inour country.