Studies On The System Of Export Cartel Exemption From Anti-monopoly Law

Export cartels which export enterprises constituted to improve export economy in a wayof negotiating price or segmentating market are exempted from the application of competitionlaws in many countries for they affect competitive markets of importing countriesmerely.Antitrust exemption of export cartels benefit oneself at others’ expense,so it iscontroversial in the international community.But before the uniform international regulationis reached in WTO,most of the countries will never give up the exemption of export cartels intheir antimonopoly laws.Antitrust exemption for export cartel is a double-edged sword,for itcan rectify the confused export order and reduce foreign anti-dumping investigation,but it willalso result in risks both in domestic and international society if lack of risk assessment. In2008,our country made the anti-monopoly law which stipulate expressly that export cartelscan be exempted from it.But there are many defectivenesses in our anti-monopoly law,on oneside,the clauses is too simple to confirm the legal requirements,the procedure and theadministrative rules,etc;on the other side,our export cartels are threaten by the foreignantitrust litigation.It is necessary and urgent to set up a perfect system to exempt exportcartels from our anti-monopoly law.The focus of this article is try to put forward someeffective suggestions about the system improving through researching the foreign experiencesso that our government can intervene effectively,our export cartels have rules to follow andour foreign trades obtain interests to the greatest extent.Part one is an overview of the article.Firstly it analyzes the origin and relationship ofcartel and anti-monopoly law.Owing to cartels affect the free competition of domesticmarket,they are prohibited by law.But cartels are divided into normal cartels and exportcartels which just influent the free competition of importing countries’ market.Secondly partone talks about the concepts of export cartel and exemption in antitrust law,then analyze therelationship of the two concepts.Finally it summarize that though the exemption of exportcartel in antitrust law can bring benefits to export country, it also conceal risks both indomestic and international society.Part two present that it is necessary to build a appropriate system of export cartelexemption from antitrust law to solve the problems that part one analyzed.The specificcontent of the system mainly include legislation model and requirements of export cartel exemption,etc.Finally it analyze the rationality exemption for export cartel in antitrust lawfrom the point of legal theory and economics theory.The third part is mainly talk about the systems of foreign countries about antitrustexemption for export cartels,especially the systems of the United States, the European Unionand some developing countries. We try to use for reference through the comparative analysisof legislation model and requirements of export cartel exemption.Part four firstly presents the dilemma of export cartel exemption of our country both inlegislation and practice,and secondly analyzes the necessity of improving the system of exportcartel exemption in China.Finally,throws out some suggestions of system improving.