The Research Of Anti-Monopoly Law Exemption System

In the West,"economic constitution","Magna Carta of free enterprise," is that people praise given to anti-monopoly laws. From a functional term, the purpose is to oppose the anti-trust and monopoly restrictions, and to ensure fair competition. But in some specific industries and specific organizations or behaviors, national anti-monopoly law permitted under the law "legal monopoly" to confirm the exemption system, which is the anti-monopoly exemption system.Anti-monopoly exemption system is in exception to certain restrictions of competition, the monopoly of certain tolerance. It can be seen, in essence, the basic system is corrected by the anti-monopoly exemption system, while the system and the anti-monopoly exemption is contrary to each other in the basic purpose. Therefore, the analysis of the exemption system is of positive significance to the improvement of anti-monopoly law.From the path of research, the article is basically along the thought of anglicizing from basic theory to practice, from abroad experience to internal actual situation to study for the anti-monopoly exemption, and then build a waiver system. And has an overall knowledge and understanding of the anti-monopoly immunity system. In the study of the basic theory of the system, this thesis not only proceeds from the sight of law, but also blends the economics of the theoretical analysis to enrich its theoretical basis. It is mainly conduct a comparative analysis about the whole system of anti-trust exemption legislation and practice related to content in developed countries, and then absorbs and learns from the developed countries on the basis of experience, combined with the reality of China’s anti-monopoly immunity system factors to explain the status of the exemption system. At the same time, make commentary analyze to the relevant content of the anti-monopoly law and provide some thoughts and proposals to the legislative framework in order to promote the architecture of China’s anti-monopoly exemption system, making the system improved gradually.