On China's Anti-monopoly Legislation In The Applicable Exclusion System

The exemption system is one of the basic systems of anti-monopoly law. The exemption system has special significance in harmonizing the relationship between monopoly and competition. The main purpose of anti-monopoly law is to prohibit and limit monopoly and to protect free competition. The monopoly regulated by anti-monopoly law has two characteristics. On the one hand, monopoly can destroy economy largely. On the other hand, monopoly can bring economic efficiency on scales, thus promote technology creation, the monopoly of some special trades and areas can facilitate the whole development of national economy, protect public interest and save product cost. As a result, almost every anti-monopoly law has the exemption system. The foundation of its establishment concerns economical base, philosophical base and legal base. The social public interest, the balance between fairness and efficiency and the morality are the value targets at which this system aims. Generally speaking, the objects exempted from the anti-monopoly law of the United States, Germany and European Community include special trades (such as public utilities in natural monopoly, agriculture, banking, insurance, physical education, etc.), special behaviors (mainly include rationalization cartels, structural crisis cartels, export cartels, cartels of small and medium-sized enterprises, etc.), the behavior of exercising intellectual property rights and special organizations (such as the trade unions, consumer association, artel ,etc. ). In recent years, because of the influences of economic globalization and the development of technology, many countries have amended anti-monopoly law and reduce the scope of the exemption system. Telecom, electric power and railway in natural monopoly can't be exempted from anti-monopoly law again. The exemption of cartel is becoming stricter. The exemption system includes regulations both on merits and on proceeding.The monopoly-law is being enacted in our country. How to establish the exemption system is related to the implement efficiency of the law. The exemption system should be based on economic globalization and our entrance into the WTO,...