Study On Anti-Monopoly Law’s Exemption For The Rural Economic Organizations

Agricultural exemption is an important content of anti-monopoly law’s exemption system."The People’s Republic of China anti-monopoly law" Article56says that:"The joint or coordinated acts practiced by agricultural producers and the rural economic organizations in agricultural production, processing, sale, transportation, storage and other business are not apply the law." This is the first recognition about agricultural exemption in competition law and a big step development of China’s anti-monopoly law. However, in comparison with foreign countries, the legislation and theoretical research on China’s agricultural exemption is still lack. Agriculture and rural economic organizations are the foundation of China’s economic and social; therefore, China’s anti-monopoly law should also have a sound system for agricultural exemption.Anti-monopoly exemption for the rural economic organizations is a legal system. It refers to the actors implemented by the rural economic organizations in the form of an act, which are prohibited by the provisions of anti-monopoly law, but because the implementation of joint or coordinated behaviors are parts of agricultural production, processing, sale, transportation, storage and other business activities, and the conducts are beneficial to the development of rural economic, and therefore they have greater legitimacy, so they are found legitimate, didn’t hold the responsibility. Based on China’s the type of rural economic organizations, the rural economic organizations include two types, the rural collective economic organizations and farmers specialized cooperative economic organizations. They are divided into the rural collective economic organizations、farmers specialized cooperatives、professional associations、farmers and rural shareholding cooperative enterprises. Anti-monopoly exemption for the rural economic organizations belongs to the anti-monopoly act exemption, and rule of reason is the legal principles. And then, through the investigation and analysis about anti-monopoly exemption for the rural economic organizations from the United States, European Union, Germany, the paper thinks that we should value the joint of abstract principles and specific rules, persist in conduct exemption and enhance exemption procedures.Because anti-monopoly exemption for the rural economic organizations is good for rural economy and rural economic organizations, so china needs to construct anti-monopoly exemption for the rural economic organizations. Based on our conditions, studying useful experience about foreign countries’anti-monopoly exemption for the rural economic organizations, the paper will propose that the legislative style of anti-monopoly exemption for the rural economic organizations are two styles:to make a special chapter in the anti-Monopoly law and add to related regulations in a single law; legislative principle is the rule of reason, and principles of conduct and the rule of appropriate restrictions are the extension from the rule of reason; In China’s anti-monopoly exemption for the rural economic organizations system, the actors are the rural economic organizations, the field production is agriculture, the two kinds of behaviors are monopoly agreements and operator concentration; the realization of system needs process protection. therefore, agricultural administrative departments exercise the right of review on terms of exemption.