Antitrust Immunity System

With the setting up of market economic system in china, anti monopoly law aiming at maintenance freedom competition is being constituted. How to enforce anti monopoly policy efficiently is an important problem to face. It is more important to settle the problems of corporation size too small, cost too much, overage competition, throughput decentralization, and efficiency of resources collocating too low while china has become a member of WTO. So, scale economy policy must be put enforce in china. Industry policy has the function of leading industry market. It can lead corporations to recombine and efficiency collocation of resources. Few countries that have constituted anti monopoly law don't make an exception to monopoly; don't permit the existing of some monopoly action. So, the future monopoly law of our country should give some monopoly actions an exception. The author studied the conception, characteristic and scale of anti monopoly exception using the method of economy analysis and comparative law in order to arose scholars giving eyes to anti monopoly exception in this article.In part one, the author analyzed the conception, characteristic, reason and aim of anti monopoly exception. Antimonopoly exception is the system that the law permits monopoly to exist. From legislation, anti monopoly has such characteristics: (1 )multiformity, for example, Germany uses the forms of code. America uses the forms of prejudication and single file statute. Japan uses the forms of code and single file statue. (2) universality in content, not only all countries which have anti monopoly law have anti monopoly exception system, but every main part in a n t i m o n o p o I y law have exceptions. (3) relativity in force, every a n t i m o n o p o I y law haven't complete , absolutely exception. (4) variability in content, a n t i m o n o p o I y law is the easiest law in the law system o f o n e country to get adirectly influence from native economic situation, industry policy, politics trends, even if economic theory. So, the content of antimonopoly exceptions often changes with. Why the law gives some monopoly an exception is mainly to enhance economic efficiency and realize equity of society.In part two, the author gives a comparison to the antimonopoly law among some typical countries and international organizations. Known from the comparison: in the construction of antimonopoly 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 statute law. 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. The author thinks: in the construction of antimonopoly law system in China, first of all, we can learn form Japan. Except of making "funda mental exceptions" in antimonopoly law, we can make "exceptions" in single file statutes. In the next place, in the foundation of written laws, we should think much of the use ofprejudication.In the third part, on the base of the analyses and comparison of the former two part, the author present the main content of antimonopoly exceptions of our country. That is natural monopoly industry, banking industry, insurance industry, foreign trade field, intellectual property field, agriculture, forest, fishery, gym, labor union, consumer union, freedom occupation and corporation organizations, and so on. The author makes special explain to natural monopoly industry that is dispute hard in academia. On natural monopoly industry, traditionaleconomists think that the government must control the entrance to form and maintain monopoly, and control the price, quality to prevent low efficiency form...