The Research On The System Of Exemption From Antimonopoly Law

The system of exemption from antimonopoly law is also called the exception of the applying of antimonopoly law. It is a system on the inapplicable of the prohibiting rules to the given industries, enterprises and other bodies or their given behaviors, which are conflicting to the principles of antimonopoly law. This dissertation contains three chapters: the system info of exemptions from antimonopoly law, the survey of the legislation, execution and justice of exemption of some countries and districts, and the design of system of exemption of Chinese antimonopoly law. Main research methods of this dissertation include: normative analysis, positive analysis, comparative study and economic analysis.The dissertation's main opinions are those below. In view of the monopoly's double effects to economy, the system of exemption is set up in antimonopoly law in particular. This arrangement manifests the complexity in value tropism and in the qualitative analysis to monopoly of antimonopoly law. The system of exemption not only offsets the insufficiency of antimonopoly law in response to reality, but also harmonizes the competition policy, industry policy and other economic policies in the same period of a country. The systems of exemption in different countries or districts differ from each other in legislation forms, but many of them have variability and relativity in range or object of applying. The variability means that exemption varies along with the economic policies. The relativity means that in many cases, exemptions are not granted to an industry, but grant to particular behavior, annex with some qualification and term. Even the exemptions been granted, they are supervised by executive agencies. All of these provisions are designed to prevent the abuse of exemption. Chinese antimonopoly law should use the beneficial experiences of other countries for reference, prescribe the aim of policy, the legislation forms, the objects of applying, the executive agency and the procedure of exemption reasonably. It is also should based on our economic system, domestic and overseas economic surroundings.This dissertation not only aims at constituting a research system on the system of exemption from antimonopoly law, but also tries to deepen the understanding to the nature and function of antimonopoly law by analysis to theories and realities. That will be helpful to exploding the resistance to legislation of antimonopoly law, accelerating the lawmaking course.