Exemption Doctrine In Anti-trust Law

Exemption Doctrine of anti-trust law is a legal system applied to certain specific sector or areas. It allows that some monopoly organization, monopoly state of affairs or behavior can be legal under certain conditions. Exemption Doctrine of anti-trust law is a kind of recognition and protection to the positive functions of monopoly. It's not only an effective way to uphold normal competition but also an inevitable choice to keep balance between anti-trust and the economic development. Helped by the exemption doctrine of anti-trust law, governments can do many beneficiations, for example impetus technological innovation ,adjustment industrial structure, enhancing the enterprise international competition, which are all benefit choice for the whole country's balance among national politics, economics and policies.Anti-trust Law of PRC was passed at the 29th meeting of the Standing Committee of the Tenth National People's Congress on August 30, 2007. How to implement the law effectively has become the focus study on anti-trust law form then on. To give the scientific and reasonable limited application scope of anti- trust law is very important for its efficiency during which defining exemption doctrine and its applicable scope are essential. Starting with the conception of Exemption Doctrine in Application of Anti-trust Law the author analyzed the relationship among "legal- monopoly", "exemption" and "exception of the application" firstly, so as to bring forward the theoretical basis of exemption doctrine.Analyzing From economic perspective, the existence of monopoly is reasonable because it derives from competition and competition itself has flaws. Regarding it in the respect of legislation, anti-trust law is designed to maintain the order of competition, so it is uncertain in nature.Exemption doctrine in anti-trust law is helpful for the improvement and development of anti-trust law in that its emergence may improve the harmony between anti-trust law and the domestic economic policies of a state, and it can improve the certainty of anti-trust law.As an integral part of anti-trust law, the application of exemption doctrine must follow its necessary principles so that it can perform its function of balance. The author put forwards that the establishment and performance of exemption doctrine shall follow the principles of public interest, fairness, efficiency, effective competition and policy direction in certain businesses.On the basis of theoretical analysis, the author studies and contrasts different legislations of exemption doctrine in different countries. After analyzing the development trend and application object of exemption doctrine, the author put forwards some characteristics of different legislations. Meanwhile, the present situation of our legislation and its improvement measures are also discussed in the thesis. Finally, the author suggests that the exemption doctrine should be enforced effectively through providing for certain legal procedures including public enforcement procedure and private enforcement procedure.This thesis consists of five parts. The first part is a general introduction to exemption doctrine in anti-trust law. Firstly, the author defines exemption doctrine in anti-trust law accurately by analyzing the relationships among "legal monopoly", "exemption" and "exemption doctrine". Then the development of anti-trust law is discussed from the perspectives of economics and law on the purpose of bringing forward the reasonability of its existence.The second part focuses on the general provisions of the exemption doctrine in anti-trust law. The reason of its emergence and its theoretical basis are discussed from the perspectives of economics and law theories. Another point of discussion in this part is the principles to establish and enforce the exemption doctrine in anti-trust law, namely the principles of public interest, fairness, efficiency, effective competition and policy direction in certain businesses. The last section of this part is a brief introduction to the enforcement scope of the application of exemption doctrine in anti-trust law.Different types of exemption doctrines, the applying objects, and characteristics of different types of exemption doctrines in different legal systems such as in America, Germany, Japan and EU are introduced and contrasted in the second part.The third part focuses on the analysis of china's present legislative situation and problems.The fourth part focuses on the analysis of china's present legislative situation and puts forward how to perfect the exemption doctrine in anti-trust law.