Study On The Application Of Exclusion System In Anti - Monopoly Law

Antimonopoly law, the main function of which is to protect fair competition and limit monopoly, is praised as "economic constitution"," Magna Carta of free enterprise". The first Antimonopoly law in the world is American’s Sherman Antitrust Act which takes negative attitude towards monopoly and holds that contrary to competition, monopoly will inhibit the development of economy, so it is necessary to limit all the monopoly. However, with the development of economy and the increased competition, capitalism recognized that not all the monopoly is negative to economy, and there are also some flaws in competition which may lead to market failure. Instead, keeping appropriate monopoly in some industries and behaviors can reach the optimal configuration of the social resources and boost the development of the society. So many countries have revised their Antimonopoly laws, adding some exemption systems. After repeated appeals, Antimonopoly law of our country has been adopted in the29th session of the Standing Committee of the tenth National People’s Congress on august30,2007and went in effect in august1,2008. The regulation on abusing the dominant market position, monopoly agreements, and the concentration of proprietor in this law shows the content of our regulation on monopoly, but there is no perfect regulation on adopting of exemption system. Instead, there are just some regulations on the concentration of some proprietors and the general exemption systems in intelligent property of some industries. As the result, perfecting the exemption systems in our Antimonopoly law is urgent.In this essay, the author tries to expound the rationality of adopting the exemption system in our country by analyzing on the concept and basic functions of exemption system from the aspects of economic foundation, policy foundation and legal foundation. And on the foundation of comparing with other countries’ Antimonopoly law, the author will verify the actual facts and legislative background of adopting the exemption system in our Antimonopoly law. What’s more, the author will also induce and sum the exemption systems which scatted in various chapters of Antimonopoly law and give his own opinions on the foundation of deep study of Antimonopoly law and raise reasonable ideas, which combined with the actual environment of our country on perfecting the of our Antimonopoly law.