| The exemption from application of anti-monopoly law is an important part of the anti-monopoly legal system. It has emerged and developed since the theory of anti-monopoly law gradually becomes perfect. Different from principally prohibition of monopoly adopted by the anti-monopoly law, the exemption system saves a legitimate place for some reasonable monopoly under particular circumstances. But as a result of the introduction of anti-monopoly law into China for only a short time, the studies and arguments about the exemption system still rank low level. Attempt to advance our studies on the exemption from application of anti-monopoly law, this paper endeavors principally on the following parts, aiming at making some contribution to the establishment and perfection of our anti-monopoly legal system by a comprehensive study of the exemption system.First of all, the paper makes a general introduction on the concept and basic rules of the exemption from application of anti-monopoly law, eliminating the differences on the comprehension of the concept. Secondly, this paper emphasizes the study on the theory and legal basis for the emergence and development of exemption system by use of economic and sociological theory, shedding a light on the necessity of exemption system. Thirdly, this paper completely reviewed the legislation and judicial practice of the exemption systems of some countries or regions with mature anti-monopoly legal system, trying to obtain some knowledge about its rule. Lastly, this paper will discuss the new development of anti-monopoly law under the light of the present practice of international anti-monopoly.The innovations I made can be summarized as the following three points: Firstly, the analysis of this paper on the theoretical and legal basis of Exemption System is relatively comprehensive and in-depth, especially on the latter, on which the writer gave some independent thought on the shoulders of other scholars. Secondly, the comparative analysis of this paper on the Exemption System of many other countries may be used for reference in the legislation of our country. Thirdly, the criticism about the practical problems of China which can be seen here and there in this paper may have some value for the development of theory and practice. |
