The Historical Investigation Of Exemption In Japanese Anti-monopoly Law

As a basic law to protect fair market competition and maintain the economic order, the anti-monopoly law has been known as the "Magna Carta of free enterprise" in the western world. It’s emergence is beneficial for regulating illegal monopolistic behavior, maintaining free and fair competition of the market, safeguarding the healthy development of the market economy. The anti-monopoly law protects free and fair competition, meanwhile specially focuses on certain aspects of the public interest, combining with the level of economic development of the market which balances with efforts to control monopoly and competition, allowing moderate monopoly in order to achieve the economies of scale and social public interest, it will minimize the negative impact of market competition by monopoly. As an important part of the anti-monopoly law, the exemption system of anti monopoly law is an important means to adjust the monopoly and competition according to the market economic maturity. Exemption system is also called the exemption, refers to law allows certain monopolistic behavior existence in certain areas, also some kind of single or associated behaviors that violate the competition rules, under this law, the Anti-monopoly Law will not inquire into the cause. Its purpose is to make up the anti-monopoly law’s own uncertainty defects and coordinate the relationships between the anti-monopoly law and other laws in order to protect the national economy healthy and orderly development. China’s "People’s Republic of China Anti-monopoly Law"(hereinafter referred to as "" anti-monopoly law, "") has made corresponding provisions on the enactment of the exemption system in very early days, but the system are still with some deficiencies. Therefore, China must learn from the experiences of other countries with similar legislation in the case of the same period and constantly improve the Exemptions to keep up with the paces of economic development.As one of Japan’s the most representative and controversial laws after World War II, Japan prohibited the anti-monopoly law with law migration way made its foundation of anti monopoly law system. Although the initial Japanese AntimonopolyAct established under the joint military occupation after World War II and deeply influenced by the United States antitrust laws, but through half a century of practice and development, has formed a set of distinct national features of rules and norms.Among these, the constantly adjusted exemption system clearly reflects this evolution as well as the interactive process of development and different roles in different stages of economic industrial policy and competition policy both on economic development fundamentally. Initially due to the high pressure under US antitrust policy the strictly controlled scope of the exemption system. With the adjustment of the US policy towards Japan and the domestic economic development needs, the exemption system has been expanding the field. By now, in order to establish a market economy as the main system, the system is applicable except reasonable restrictions. One side, in the development process, Japan’s MITI which protect industrial policy through a variety of administrative power to expand the scope of the exemption with purpose to achieve relaxing the restrictions on the market economy,and laid the foundation for Japan’s rapid economic development; On the other side,Japan’s fair Trade Commission, as anti-monopoly law enforcement agencies,upholds the concept of maintaining fair competition in the market, in order to protect the interests of economic entities in the competition, advocate to maximize monopoly role. It is due to the latter’s efforts to make the concept of competition gained more popular, a relatively mature Exemption system and more perfect economic system established in Japan. Thus, the history of Japan’s economic development is the history of the exemption regime change, the tortuous developmental way can be good example for developing countries on improving Exemptions system on this issue.Although China’s anti-monopoly law made the appropriate provisions on the exemption system, it still has many deficiencies when compared with the Japanese related laws. Therefore, starting with the system the paper will investigate the Japanese Anti-monopoly Act Exemptions and tried to retrieve the system to the macro-historical context. By summarizing the law of its development in different periods and influence factors, it refined for our country to learn from the experience:Firstly, China should take into account whether the application of this exemption system match the needs of China’s economic development at this time; Second, thegovernment should adjust the positioning in the economic system, and policies to guide and support the development of market economy, to build the antitrust system which is able to promote sustained and stable economic development. This requires that we should use scientific relations that Exemptions system coordinate industrial development and free competition in the market to fully play a decisive role in the allocating of resources, to define the scope and the restrictive conditions of market intervention in the process of “side supply reform”; Finally, with economic globalization, we must continue to rationalize the scope of the exemption system of the relevant provisions of refinement, then avoid being in practice because the provisions are too vague and general discomfort, so that China’s anti-monopoly system and the international competition policy convergence in order to comply with the development trend of the world economy to improve our international competitiveness.