| As the economic constitution of market economy countries, anti-monopoly law plays an extremely important role in the construction of social freedom, justice and effective competition system and the Coordination and development of national economy. And as a basic system of anti-monopoly law, the exception of anti-monopoly law also has positive effect on dealing with scale and benefit, monopolization and competition. Thus many countries including China have constituted the exception of anti-monopoly law from the aspects the choice of legislation, the applicable objects and the execute procedure. We can see that almost evey anti-monopoly law, no matter it is Sherman Act of America, Forbidden Monopolization of Japan, Competition Law of European Union or the Anti-monopoly Law of China, has a global and uniform trend on the exception of anti-monopoly law although there still are some differences. All the countries admit that monopolization not only has its inevitability, rationality and historical advancement, but also has the positive effect on the entire economic benefit in some special circumstances.China passed anti-monopoly law in August 2007 during the anticipation of the public. The prescription of the abuse of market domination, the monopoly agreement and the concentration of proprietors is the main part of the anti-monopoly law. But the system of the exception of anti-monopoly law is imperfect for there are only some general regulations about some particular industries like intellectual property. This paper aims to analyse the basic theory of the concept, the character and the function of anti-monopoly law exception, to expound the rationality of it from the aspects of economic basic, policy basic, law basic and moral basic, to do textual research about the realistic factor and legislation background on the basic of the comparison of different countries' anti-monopoly laws, and finally to give some advises on the improvement of our countries' anti-monopoly law. |
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