Research On The Exemption Of Application From The Anti-monopoly Law

The exemption of application from the anti-monopoly law is a kind of exemption system from punishment for some formally law-offending act by some special reason. Every country with anti-monopoly law system has established that kind of exemption system in different ways, and the content of the exemption system is changed along with the economic situations in these countries. The author, by studying the legislative and judiciary practices of the main developed capitalistic countries and districts, concluded the normal situation and conditions when the exemption system is applied, the characteristics and develop direction of the exemption system, and two procedural patterns which control the exemption system. Then, based on those conclusions, the author evaluated and perfected the exemption system in our country's fresh-born anti-monopoly law. The text is composed by four main parts.The first part is about the basic theoretic analysis, starting from the birth of the exemption system and its relationship with the rule of reason, then, the author introduced the definition, classification and property of the exemption system, at last, the author discussed the reasonability of its exist in the anti-monopoly law from the perspectives of jurisprudence, economics and policy.The second part is about the comparison study in the substantiality of the exemption system. The author, first, summarized the general situation of exemption system in USA, EU, Germany and Japan, then, concluded three types of acts such as acts in specific industries, acts by specific subjects and acts of specific reasons that can be exempted from application of anti-monopoly law, at last, the author thought the exemption system had some uncertainty and its domain of application would become smaller in the future.The third part is about the comparison study in the procedural pattern of the exemption system. By comparing the historical practices of law of EU, Germany, Japan and USA, the author generalized two different methods of procedural control on the execution of exemption system, one is pre-examining and approving combined with after surveillance, the other is examining after happening. Then, the author discussed their advantages and disadvantages.In the fourth part, the author set forth her own opinion on The Anti-monopoly Law of PRC. Based on studies hereinbefore, the author reviewed the exemption clauses in the law of our country, suggesting that we should learn from EU in the legislative pattern, we should specific the articles of the exemption system, and we should establish the pre-examine-and-approve procedure combined with after surveillance on controlling the application of exemption system from the anti-monopoly law.