The Research In System Of Remit In The Antitrust Law

1st, August,2008, Chinese Antimonopoly Law’s begin to put into practise, the article first that shows "in order to prevent and stop monopoly, protecting fair market competition, improve economic efficiency, safeguard the interests of consumers and the public interest, and promoting the healthy development of the socialist market economy, enacted". But in the market behavior, some monopoly seemingly illegal, in fact it is beneficial to the development of the market, to these monopoly, the country will be given special exemptions, not suitable to apply the antimonopoly law, shall be investigated for legal responsibility not, this is the anti-monopoly law exemption.The antitrust laws means countries exempt system in the order of the market economy, weighing a or some monopoly the consequences of actions or impact, in a particular industry, through the law allows certain monopoly of existence, or to a monopoly or restrict competition behavior is to the anti-monopoly law shall be incorporated in the regulation, but not be law shall be investigated for legal system. The antitrust laws are exempt system based on the theory of its existence, the law basis and the economic basis, this also is exempt system are the cause of the event, on the value orientation, the anti-monopoly law as exempt system, it and the value of the anti-monopoly law basic to remain consistent. Antitrust law system has the exemption of conditional exemption, content of the universality and changes sex and legislation form of diversity features.From the antitrust laws exempt system of history of perspective, of western developed countries exemption system is more mature, most countries in the world are formulated in antitrust law and increased after exempt system Settings, antitrust law in foreign exempt system mostly on the content includes exempt system the scope of application, application principle, suitable extent and related supervision system. Many of the system and foreign practices are worth our using for reference.China’s antitrust law is not exempt system complete, in the application fields and confirmation, principles, application procedures and the supervision, with many defects, needed to draw some overseas experience, to our country, the anti-monopoly exempt system to improve and perfect for the development of market economy in China to create a good management environment.