Legal Questions Focused Exempt Operators

The regulation of concentration has been an important part of anti-monopoly law. Butthe effect of concentration is not always harmful to the economic and social activities.Some concentration is not banned by the anti-monopoly law due to the potential positiveeffects, which is the exemption of concentration. The improvement of the exemptionsystem of concentration is beneficial to the protection of the rights of the operator, thecompetition order and the rapid development of economy. In China, the exemption systemof concentration still has some shortcomings. So it is very necessary to do research on thelegal issues of the exemption of concentration and put forward reasonable suggestions ofimprovement. Four problems are mainly focused in this paper, which is the theoreticalanalysis, entity standard types, the research of program specification and the legal liabilityresearch of the exemption of concentration, suggestions also would be proposed.On the question of theoretical analysis, the connotation of the concept of concentration’concept should be clearly defined, and the theoretical basis and practical reasons ofconcentration should also be analyzed. The author thought that the related theories whichplay an important role both in legislation and practice should be throughout the course ofthe law. But China is extraordinary lack of legislation on the elaboration and analysis of thetheory, due to this we should establish the theoretical guiding ideology.On the question of the entity standard types of the exemption of concentration, throughthe analysis of the current situation in China, we could found out the deficiencies, that is,general provisions are not clear, the public interests are not defined, and low scatteredlegislation level. Combined with the entity standard types in main countries and regions,the author thought that we should improve the legislation system with a complete set ofregulations and judicial interpretation, refine the entity standards by listing specific typesof the exemption, especially the public interests.On the question of procedural research, problems will be mainly expounded from threeaspect in this issue, that is, the executive agency, the declaration system and the reviewsystem. Though the analyses of our county’s present situation and the foreign legislationand practice, the author suggests that we should establish an independent and authoritativeexecutive agency, set restrictive conditions to start the review process again and improvethe supervision of law enforcement.The study on legal responsibility is mainly combined with the commitment mechanism.This paper put forward suggests that we should improve the mechanism of punishment andthe mechanism of executive agency liability though the comparative study of overseas anddomestic study status. To be specific, we should use the orders about taking the eliminatingmeasures discreetly; increase the intensity of punishment with the administrative penalty,and consummate regulations about civil liability and criminal liability.