The Research On The Exception Of Anti-monopoly Law

The exemption system of Anti-monopoly Law refers to a special legal system. The law of our countrybased on the overall national economic interests, social public interests, comprehensive consideration, insome specific industries or fields, allowing the existence of certain monopoly, anti-monopoly law wouldnot sanction. Therefore, the exception system is the balance of benefit, game, compromise, especiallyeconomic effect, once the behavior of limit competition has brought the effect of benefits outweigh to thenational economy and meet the Anti monopoly law concerning Exemption regulation.Anti monopoly lawwill be for a specific industry or field of monopoly behavior will no longer pursue its legal responsibility.We can say, the anti-monopoly exemption system is to protect and recognized the positive effects ofmonopoly, contribute to the understanding of the role and nature of anti-monopoly law more profound, is topromote the effective competition in the market, maintain the development of national economy.China has promulgated antimonopoly law in2007August, the exemption system of anti-monopolylaw design of both entities and procedural, On the abuse of dominant market position, the monopolyagreement, the concentration of business operators and other aspects gives the related provisions, but aboutthe anti-monopoly law our country to the provisions of the exemption system, there are many rules are tooprinciple and unreasonable place, still not perfect. Based on the existing anti-monopoly law as the basicpoint, begin with the deficiencies of exemption system, combinative our country is actual use, theexemption system of anti-monopoly law in China made their own perfect proposal and conception.First of all, this paper analyzes the basic theory of the exemption from anti-monopoly law meaning,characteristics, research the different meanings of the exception and exemption, and proposed own view,used on the exception and exemption no longer distinguish views. From economics, jurisprudence, policyof exemption from the anti monopoly law rationality are discussed, followed by social values, values offairness and efficiency, effective competition in perspective of anti-monopoly exemption system wasfurther elaborated value orientation. Secondly, summarized and studied the system of exemption ofanti-monopoly legislation pattern, scope of application and the procedure of application about the UnitedStates, Germany, Japan and other developed countries,, take the essence and discard the dross, hope to be able to promote our country’s academic research and judicial practice. Then, in the fully read theanti-monopoly law in China, summarizes on the immunity system is provided in each chapter, the authorputs forward his opinions from the legislative mode, applicable scope, procedures, policies and other angle.Finally, based on the socialist market economy is the fundamental national condition, put forward someadvice about our country present the exemption system of anti-monopoly law, including legislative mode,applicable scope, procedures, implementation mechanism, procedure and so on, hope can be correctlyapplied and gradually improve China’s antitrust exemption system.