Studies On The Exception Of The Applying Of Anti-monopoly Law System

More than one century has lapsed since the promulgation of John Sherman's Antitrust Act in 1890, but the debate thereof has also never intermitted. Although Anti-monopoly Law of PRC has not been enacted, however, strengthening the studies on the exception of the applying of anti-monopoly law system will enhance our understanding of the character and the function of the law, at the same time give us the demonstration on how to draft China's counterpart.The exception of the applying of anti-monopoly law 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 anti-monopoly law. This dissertation contains the following chapters: the system info of exception of the applying of anti-monopoly 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 anti-monopoly law. Main research methods of this dissertation include: normative analysis, positive analysis, comparative study and economic analysis.The dissertation makes a systematic study of the exception of the applying of anti-monopoly law. In the first chapter of the dissertation, the author talks about several items. Firstly, the author finds the system has several characteristics, comparing the advanced system of Japan, the US, Germany and EU. Second, the author discusses the exemption system's economics basis, jurisprudence basis and policy science basis, the dissertation wants to prove the necessity of the system's existence. Third, the system has three values such as the whole social benefits, fairness and efficiency, morality.In the second chapter, the author expounds the character from the angle of the goal thereof, concludes the conditions and ranges of its application. In chapter three, the author gives a comparison to the anti-monopoly law among some typical countries and international organizations. Known from the comparison in the construction of anti-monopoly system, most countries or organizations aim at enhance economic efficiency, at the same time give attention to equity of society. In legislation form, America is a typical country to use case law. The characteristic of agility and practical gains plentitude embodiment in competition law field, fetch up the weakness of statute. Germany and Japan are the deputation of continent law system. In the competition law system, they use different legislation forms. Germany law has strict legislation form, trying to put all into code, Japan accepted prejudication theory of America, made regulation with justice practice.In the last chapter, the author thinks that Chinese anti-monopoly 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 exception of the applying of anti-monopoly law, but also tries to deepen the understanding to the nature and function of anti-monopoly law by analysis to theories and realities. That will be helpful to accelerating the lawmaking course.