A Study On Monopoly Agreements Exemption System In Anti-Monopoly Law

Monopoly agreements refers to agreements,determinations or other coordinated actions which shall remove,confine competition. The system of exemption from antimonopoly law is also called the exception of the applying of anti-monopoly 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. The exemption of monopoly agreements is usually contained in all countries'exemption system, but because the extent of development on economy and law is not same in different countries, the rage of monopoly agreements exemption is different.The Anti-Monopoly Law of the People's Republic of China was adopted by the Twenty Ninth Session of the Standing Committee of the Tenth National People's Congress On August 30, 2007. By way of accommodating market economy of our socialism, the exemption system is one of important components of The Anti-Monopoly Law. In the exemption system, The exemption of monopoly agreements is widely noticed for its wide range,great power of government and character of industry policy in the drafting process. And some scholars and law operators put forward critical opinions on the wide range, etc. So the exemption of monopoly agreements has been one of focuses of our Anti-Monopoly Law. This paper start from this problem, try to ascertain the common theories and practices of the exemption of monopoly agreements in different countries, and then comment on rationality of Chinese exemption of monopoly agreements.This paper launches on the provision on the exemption of monopoly agreements in our Anti-Monopoly Law, sets forth this problem on two ways.First, the author introduces some basic problems of monopoly agreements such as conception,character,form and classify. And then analyzes the negative effects and positive effects of monopoly agreements, so educes the problem of the exemption of monopoly agreements.On top of that, the author analyzes the basic theories of the exemption of monopoly agreements: the reason of exemption which can be classified to value aim and policy aim); the range of exemption which can be classified legislation forms and specific types, in the specific types, the author then partition it to three kinds which are depression monopoly agreements,monopoly agreements of enhancing economic efficiency and special industries monopoly agreements, and then subdivision ; the means of exemption which include the basic components,principle of cognizance and means of cognizance, researches and introduces the color clauses in EU and Japan.Secondly, based on the rationality of the exemption of monopoly agreements in Chinese Anti-Monopoly Law, the author analyzes the obvious character of industry policy on theory, specially discusses the confliction and harmonization between the Anti-Monopoly Law and industry policy. And because there are some other conflictions such as legal attribute, so the author research and discusses them.Finally, combined with the lately change of the exemption of monopoly agreements in the world, the author analyzes the balance and choice of different countries and the reasons behind them ,and then demonstrate the rationality of the exemption of monopoly agreements in China. The author also analyzes the development trend of the exemption of monopoly agreements along with the competition policy in the world, and gives some proposals of perfecting the exemption of monopoly agreements in China. In the main body of this paper, the author takes comparative analytic method, real example analytic method, and because the Anti-Monopoly Law tightly contacted with economy, the author also takes a little economics research.In the process of research , the author thinks there are some innovation: (1)This paper is carrying on the systematic argumentation to the system of the monopoly agreements exemption;(2)Carrying on the argumentation to the system of the monopoly agreements exemption from the angle of the relation between the Anti-Monopoly Law and industry policy; (3)Summing up the newly advancements of the theories about antimonopoly exemption system; (4)giving some proposals of perfecting the monopoly agreements exemption system in China.