Research On The Small And Medium-sized Enterprise Cartel Exemption System

Cartel is also called horizontal agreements, according to the definition of "Black Law Dictionary", it means a joint that refers to any product producers together to control production, sales, price and obtaining exclusive at any particular industry or product. The small and Medium-sized Enterprise Cartel Exemption System is one of the important content of the exemption system of anti monopoly law, refers to the different form with the joint regulation principle in anti monopoly law of small and medium enterprises, not applicable provisions with the antitrust law, which should bear the anti-monopoly law exemption from liability.On August 1st,2008, the "anti-monopoly law" was put into effect. It is the implementation of Chinese method which depended on the summary of the legislation experience and combining with our practice of socialist market economy, makes the provisions more scientific and reasonable to all kinds of monopoly. And the Fifteenth stipulates clearly describes the exemption system for small and medium-sized enterprises, the monopoly agreement namely cartel stipulated the principle and broad-in order to improve the efficiency of small business operators, strengthening small and medium business competitiveness. This also is the anti monopoly law enforcement agencies of law enforcement difficult, for small and medium-sized enterprise show to obey the law brings confusion. So, the author discusses the Small and Medium-sized Enterprise Cartel theory and value basis, comparative analysis of the relevant provisions of small and medium-sized countries Cartel, has carried on the analysis from the relevant provisions of China’s small and medium enterprises Cartel.This paper is divided into four chapters on the exemption system of Small and Medium-sized Enterprises. The first is the basis of theory on the establishment of small and medium enterprises Cartel Exemption System Second. The second is the practical significance on establishment of small and medium enterprises Cartel Exemption System. The third is the comparison on the small and Medium-sized Enterprise Cartel Exemption. The Forth is to attempt to construct the system of the Small and Medium-sized Enterprises Cartel Exemption in China.First of all, on the basis of theory of small and medium-sized enterprises Cartel exemption system, the author gave the characterization of the small and medium-sized enterprises, combined with Cartel’s definition. Then, from the perspective of economic theory, theory of law and fair value, the author discussed on the basic theory of small and medium-sized enterprises cartel exemptions.Secondly, the chapter is about the significance of the establishment of small and medium-sized enterprises Cartel Exemption System. Considering the guarantee of employment, consumer protection, expanding domestic demand, promoting technological innovation, protect national economic point of view, the author discussed the practical significance of the exemption system, and the establishment of small and medium enterprises cartel the exemption system is necessary to promote the healthy development of China’s socialist market economy.Thirdly, the author analyses the comparison on Enterprise Cartel Exemption System in the developed country conscientiously. On the horizontal comparison, many experiences can be provided to establish the small and medium enterprises Cartel Exemption system for our country.Finally, in view of the shortage of Chinese small and medium-sized enterprises Cartel Exemption System code, the author compared the provisions of all relevant procedures and entities, and proposed to consummate the antimonopoly law on the Small and Medium-sized Enterprise Cartel Exemption System.