| The anti-monopoly law is praised as"economic constitution", and thus is material in the area of agricultural economy. Since Sherman Act was enacted by United States, the question of the anti-monopoly law's exempt in agricultural area is a important question. Agriculture and country are foundation of our economy and society in our nation. So, when we debate and enact Anti-monopoly Act, we have to weigh how to apply anti-monopoly act to agricultural area.To lucubrate anti-monopoly law, and to advance legislative suggestion for enactment of this act, the competition law center of the University of international economy and business specially organized some persons to have fieldwork on the case, in which some local persons ally to buy native chicken in Hengyang county of Hunan Province. Being lack of plentiful research fruit in this area, the author has translated a lot of foreign cases and articles on this theme. Then, the author summarized these materials and wrote this paper basing on what I thought of.This paper will discuss the question of anti-monopoly law's exempt in agricultural area as following: at first, the paper introduces the general theory on exemption from anti-monopoly law; then, this paper will introduce the legislations of United States and European Union on anti-monopoly law's exempt in agricultural area, review and analyze the history, and expound respective jurisdiction and policy; and then, the paper will concretely analyze the legal principle of anti-monopoly law's exempt in agricultural area; and then, it will discuss two concrete questions about system, including defining the concept of"involver"-----the person of legal relation of anti-monopoly law's exempt in agricultural area, and according to the legal frame of anti-monopoly law, the paper will analyze the legitimate action the agricultural cooperative organization; at last, this paper will advance some legislative suggestions about our national Anti-monopoly Act's exempt in agricultural area. |
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