Applicable, Except With The Waiver System. Antimonopoly Law

There are three different theories about the exception and exemption of anti-monopoly law as far as some domestic scholars'concern. A leading point of view is that they are exactly the same. By analyzing the anti-monopoly legislation and judicial practice of Germany and the United States, and by clarifying some related basic concepts such as monopoly state, monopoly conduct, and lawful monopoly and so on, it can be concluded that exception and exemption of anti-monopoly law are two different concepts and systems. According to the anti-monopoly legislation and judicial practice of the two states mentioned above, although their legislative mode is not the same, the difference between exception and exemption in their respective anti-monopoly legal systems is quite obvious. These differences are also represented in the latest Anti-monopoly Law of People's Republic of China. There are lots of significant distinctions between exception and exemption of anti-monopoly law such as the different definitions, the scope of application, the adjusting objects, the procedures, the developing trend and other aspects.