Study On Rules Of Applicable Exception In International Antitrust Law

Beginning from the concept of monopoly, this thesis studies the connotation and denotation of monopoly from the angle of .From a historical perspective this thesis discusses the origin and development of the International Antitrust Law. In order to study the topic of this thesis to a deep level, this thesis studies the all-around relationship between monopoly and competition, monopoly and scale economy, monopoly and efficiency, and further maintains the necessity and importance of Rules of Applicable Exception in International Antitrust Law. This chapter further discusses the value of Rules of Applicable Exception in International Antitrust Law, makes comparative studies on the relationship between fair competition value and social fair value, and point that the existence of Rules of Applicable Exception in International Antitrust Law is based on social fair value priority to fair competition value. Based on the analysis of value of Rules of Applicable Exception in International Antitrust Law, this thesis deeply, this article reviews principle and the scope of Rules of Applicable Exception in International Antitrust Law. Reviewing principles of Rules of Applicable Exception in International Antitrust Law reflects the social fair value. To use the principles and define scope of Rules of Applicable Exception in International Antitrust Law is also the appraisal process by social fair value. The analysis in depth to these two key problems is the critical part of this thesis. This thesis probes Rules of Applicable Exception in International Antitrust Law by the comparative method, specially focuses on the legislation, enforcement, development trend, applicable principle to the Rules of Applicable Exception in International Antitrust Law in America, European Union, Japan, Australia, and New Zealand, and emphasizes the reference valuation. After studying the issues discussed above, the article makes more thinking on Rules of Applicable Exception in International Antitrust Law. The article set up a setting for model and rules to overcome international antitrust political conflicts based on evaluating the advantages and disadvantages of Rules of Applicable Exception in International Antitrust Law and puts forward suggestions for perfecting the Rules of Applicable Exception in China Antitrust Law, as the essence of this thesis.The first chapter concerns the general situation of international antitrust exception law. Monopoly is rather a complex conception, and the steps of going forward to probing the connotation and denotation of monopoly has never stopped. This chapter will not attempt to provide an exact definition for monopoly, but discusses the characteristic and classification of monopoly from the angle of economic and law. Though the history of the existence of monopoly is so long, International Antitrust Law in real sense began not very long years ago. This chapter studies in a historic method the origin of International Antitrust Law, and its development in modern times; and empirically compares the main countries whose antitrust law is of great development or with typical sense. The contradictions and paradoxes between monopoly and antitrust have been illustrated by the regulation of rules in International Antitrust Law in ruling monopoly. This chapter describes the contradictions and paradoxes between monopoly and antitrust regarding monopoly and competition, monopoly and efficiency, monopoly and economy of scale; discusses in an empirical and historic method, certifies their dialectical unification relations, and points that the appropriate existence of monopoly makes applicable exception to monopoly necessary. Based on the foregoing analysis, this chapter discusses the connotation and denotation to Rules of Applicable Exception in International Antitrust Law and its legislation style.The second chapter focuses on the value of Rules of Applicable Exception in International Antitrust Law. Two basic values which the antitrust law is orientated are fair competition value and social value. The author completely discussed the two values, and made comparative studies of the relationship thereof, between which social value is regulated by the higher hierarch regulations and constitution law, while the fair competition value will be protected by the lower economic law. When there are any material conflicts between the two values, the social value shall be protected in prevail. Meanwhile, social value is higher than the fair competition value as the existent basis of the exception to antitrust law. The conflicts between the two values are not compatible to each other. When there are material conflicts, the social value shall prevail, and the fair competition value can be achieved in economic law. This chapter is the basic of the score theme and leads the whole thesis.The third chapter, as the critical part of this thesis, mainly studies the review principle on Rules of Applicable Exception in International Antitrust Law and its scope. This chapter, based on analysis of the above 2 chapters and particularly based on the value analysis of Rules of Applicable Exception in International Antitrust Law, and discusses in the whole eye-sight the general review the principle of Rules of Applicable Exception in International Antitrust Law. The author concludes that as the score content to the system of Rules of Applicable Exception in International Antitrust Law, the applicable principle and its scope to Rules of Applicable Exception in International Antitrust Law reflects the social fair value of rules in International Antitrust Law. Even Rules of Applicable Exception in International Antitrust Law has its different content and style; it spread the social fair value, but will not departure the social fair value and the principle of“social fair value higher than economic fair competition”. This chapter mainly studies the principles of competition in efficiency, social public interest, and reasonability and consumer protection. The principle of competition in efficiency is the basic principle of Rules of Applicable Exception in International Antitrust Law. However, different schools of thought split on their points of view to under which situation competition will be of the most efficiency. After all, efficient competition is the competition both valuable to economic profits and social benefits. The social public interest is the combination, union and integration of all kinds of legitimate interests. The principle of rationality is the basic principle to the applicable exception of American antitrust law, based on the whole case angle comprehensively considers and balances the limited competition conducts, and makes its own options. Consumer protection is the world trend and critical content of social fair, then consumer protection is important principle to Rules of Applicable Exception in International Antitrust Law.The definition of scope to Rules of Applicable Exception in International Antitrust Law is the concrete performance of value appraisal to Rules of Applicable Exception in International Antitrust Law. This chapter discusses the procedural and substantial requirement of Rules of Applicable Exception in International Antitrust Law. Based on the foregoing analysis, this chapter concerns the Rules of Applicable Exception in International Antitrust Law regarding all areas of department, including natural monopoly discipline, foreign trade, intellectual property, banking and insurance, agriculture, forestry, grassland farming, special cartel and specific originations and its personnel, and etc.The forth chapter compares the Rules of Applicable Exception in International Antitrust Law of the typical countries and regions. This chapter studies Rules of Applicable Exception in International Antitrust Law of countries including: America, European Union and its member countries, Japan, India, Australia, New Zealand and China. Combined to the foregoing characteristic of Rules of Applicable Exception in International Antitrust Law, this chapter studies the facets of legislation form, scope of applicability, applicable principle of the applicable exception, the changes of the applicable exception, and etc.The fifth chapter further analysis the Rules of Applicable Exception in International Antitrust Law for the whole eyesight. This chapter appraises the strength and weakness of Rules of Applicable Exception in International Antitrust Law, and concludes that t Rules of Applicable Exception in International Antitrust Law shall be adjusted to social development, or it will perform practically no function but hinder the economic development. It makes the coordination mechanism of rules in International Antitrust Law necessary that international free trade has been blocked by international monopoly and the extraterritorial effect of rules in International Antitrust Law. Based on the comparative studies of aim and purposes of GATT 1994 and WTO agreements, by combing the knots of competition rules of GATT 1994 and WTO agreements, the author provides the minimum standards of multi-agreements to solutions of rules in International Antitrust Law.This chapter further reviews the legislation background legislation background of China Antitrust Law and finds its economic foundation to rules of applicable exception in China Antitrust Law. By combination of the national economic development status and its legislation status quo, this chapter analyzes the deficiency and flaw of rules of applicable exception in China Antitrust Law. Based on that analysis, the author provides its suggestions to improvement of rules of applicable exception in China Antitrust Law. Those suggestions include without limitation to: resolutions to the conflicts among antitrust law and other law departments, enlargement of the scope of Chinese antitrust law, clear definition of legal conception of applicable exception to antitrust law, establishment of the review principle of rules of applicable exception in China Antitrust Law, improvement of the exception procedure and supervision procedure rules of applicable exception in China Antitrust Law, maintenance of policy monopoly and prohibition of administrative monopoly, as the essence of this thesis.