Exemptions Of The Anti-Monopoly Law System

Exemptions of the anti-monopoly law system mean that monopoly is not covered by the anti-monopoly law in some fields. It is necessary to talk about because of it's special.We can see that the exemptions are important part of the anti-monopoly law system through investigating the system of U.S.A., Germany and Japan. The exemptions not only play the positive role of the anti-monopoly law system but also play a supplementary and substitute's function on the anti-monopoly law.The existence of exemptions of the anti-monopoly law system has some reasons on theoretical foundation. It can be proved from economics foundation and foundation of the legal principle system. Because there are relationships between the power of monopoly and large-scale production, range economy and technological innovation, only against the power of monopoly can damage economic efficiency. In "knowledge-based economy" time, monopoly becomes stronger. There is no monopoly, there is no "knowledge-based economy". The anti-monopoly law system and the exemptions have different value object on law, but the former is the same ultimate value goal as the latter. So it is reasonable that the exemptions are necessary parts of the anti-monopoly law system.Although different form of exemptions of the anti-monopoly law system in different countries and regions, there are same scope on the exemptions. The provisions contain the four categories of contents: special sectors, special organizations and personer, special behaviors, the behavior of exercising intellectual property rights, because exemptions on these fields bring more benefit than lose to whole society.In new century, setting-up exemptions of the anti-monopoly law system is an urgent work to develop the economy of our country. There are some shortages in "anti-monopoly law "that our country is making. Exemptions of the anti-monopoly...