The Perfection Of Exemption System Of Monopoly Agreement In China

The anti-monopoly legal system,as the legal foundation of the economic system of a country,has played a significant role in regulating the market competition by regulating the monopolistic behavior of the illegal system and improving the overall welfare of the public and promoting the healthy development of the market economy.As we all know,the monopoly agreement as a serious damage to the market competition behavior,not only undermine the normal market competition order,but also damage the welfare of consumers should be,so the anti-monopoly legislation of the monopoly agreement will be the core content of the anti-monopoly law But the monopoly agreement is not useless,the realization of certain monopoly agreements may also play a significant positive role,therefore,for industrial policy,industry characteristics,economic benefits,etc.,in order to prohibit the operators to achieve a monopoly agreement,,It also provides for the monopoly agreement exemption system,that is,for those who have a positive effect greater than the negative impact of the monopoly agreement to open a side,allowing it to legally survive under certain conditions.It embodies the anti-monopoly law in the regulation of monopoly agreements with a positive and negative dual role in the economic behavior of a trade balance.This paper focuses on how to improve the exemption system of our country.The author first discusses the legislation,law enforcement and judicial status of the exemption system in our country,and analyzes and summarizes the monopoly agreement cases published by the NDRC and the business sector one by one.,The author through the analysis of the legislation and the status quo,summed up the existence of China's monopoly agreement exemption system,many problems,such as law enforcement is not scientific,law enforcement resources are limited,legislative provisions are imperfect,lack of procedural system,Monopoly law enforcement lack of effective supervision and other issues;Third,the author of the monopoly agreement outside the system exemption system made a brief introduction;the last part of the essence of this paper,through the above three parts of the bedding,the author in this part gives our monopoly The specific proposals for the improvement of the agreement exemption system relate to the improvement of the anti-monopoly law enforcement agencies,the scope of exemption,the conditions of exemption and the exemption procedure,such as the specific types of the core restrictions,the precise definition of the relevant market boundaries and the market share of the operators Monopoly association The dynamic consideration of the impact of competition,clearly defined the extension of the consumer,concerned about the expected benefits of consumers,the efficiency of income as a measure of exemption,reconstruction of the structure of anti-monopoly law enforcement agencies,a clear exemption from review time,Supervision and other suggestions.