Study On The Exemption System Of Antitrust Law

The antitrust exemption is a common system of antitrust laws in the countries of the world. In a general sense, it means that some associating or single actions restricting competition will exempted from the antitrust law, provided such actions comply with the provisions of legal exemption, although such actions violate the prohibiting provisions of the antitrust law in the form.Although different countries have various laws, exemption system stipulated in antitrust laws reflects trend of internationalization and consolidation. That the country entitles exemption rights to such enterprises which is connected with the material national and social . public interest as well as some monopoly actions under special situation and need, in order to consummate the social integral benefit and to maintain the public interest, is becoming reasonable in the antitrust legislation, the economic and social sense of which is that the permission of monopoly, collaboration and exclusion of severe competition for the objects exempted from antitrust laws will sometimes benefit the integral development of national economy and social stabilization. Through the competitive analysis on the object exempted from the antitrust law of the United States, Germany and European community, we can find out the difference of their legislation background on the exemption system of antitrust law and the influence to national market competition, and refer to their experiences.The provisions with respect to the agreements restricting competition in China are constituted by many institutions, which are lack of collective basic regulations, so can not control the actions restricting competition in general; the provisions on the exertion of intellectual property in China is scattered in respective regulations, however, such regulations are not constituted from the point view of the antitrust law, moreover, are hard to operate, so the effect of application of which in the practice is not good.With respect to analysis on the present situation and problems of China, the author hereunder think it is necessary for China to constitute an integral antitrust law. The legislation principle of antitrust exemption should be proper, not only refer to the experiences of developed countries, but bases on the situation of China, not only set forth exemption clauses, but also apply such clauses conditionally; The system of China's antitrust exemption should strengthen the control of natural monopoly, harmonize the conflict between the protection on intellectual rproperty and the maintenance of competition, completely limit the conditions of Cartel exemption, dispose of the differently between inside and outside in the foreign trade areas .In procedure, China should establish the examination and approval system for antitrust exemption.