A Study On The Application Of Antitrust Law Exemption System In Chinese Tobacco Industry

Since the 1980 s in China gradually all over the country to implement the "unified leadership,vertical management,monopoly franchise" as the typical characteristics of the national tobacco monopoly system.Tobacco monopoly system in essence is a typical state monopoly,is the state-owned enterprises in the form of tobacco cultivation,production,sale,transportation and the complete monopoly.Tobacco monopoly system in 30 years of practice has achieved great success,but the breed of monopoly abuse and consumer welfare detriment has proved that the current monopoly of the tobacco monopoly effect and the theoretical expectations there is a big gap.Article 7 of the antitrust law and tobacco monopoly law give the tobacco industry legal state monopoly right,but it does not mean that any monopoly in the tobacco industry can be detached from the antitrust law and "impunity." Tobacco industry monopolized market position is the legal monopoly of the market structure,the antitrust law is against monopoly behavior,not monopolized market structure,monopoly structure is legal,but monopolistic behavior is not necessarily legitimate.Therefore,the legal monopoly as antitrust immunity should be relative.Based on the general principle of antitrust exemption system and the development of Chinese tobacco industry,this paper clarifies the concept of "exception" and "exemption",and analyzes the main functions and value objectives of antitrust law exemption system.To reveal the significance of antitrust law exemption system,clearly put forward as a national monopoly of the tobacco industry to apply antitrust law exemption system of the necessity and key.With the connection between Article 7 of the Antitrust Law and the Tobacco Monopoly Law,the research on the exemption system will be gradually deepened from "how should" to "how to implement".Under the premise of the national legal monopoly of the tobacco industry,it is necessary to construct a set of antitrust law exemption rules in the formulation and implementation of the antitrust law and its supporting rules,matching with the tobacco industry development.Scientific and reasonable rules can make the tobacco industry to apply the exemption of the orderly mechanism to be targeted operation,strict compliance with the rules made by the exemption also more social credibility,so as to achieve the healthy development of Chinese tobacco industry.This paper is divided into four parts,except the preface and the conclusion.The contents of each parts as follows:The first part: the exemption system of antitrust law and the general theory of Chinese tobacco monopoly system.This part mainly analyzes the general principles of our antitrust law exemption system,clarifies the concept of "exemption" and "exemption",establishes the conceptual starting point of institutional analysis,and analyzes the law interpretation of Article 7 of Chinese Antitrust Law,To explore the legislation behind the depth of meaning.The status of Chinese tobacco monopoly monopoly analysis,a clear monopoly is the nature of state monopoly.The second part is the analysis of the monopoly of tobacco industry in China.This part first clarifies the relationship between the monopoly structure and the monopoly behavior,and clarifies that the antitrust law is against the illegal monopoly behavior instead of the monopoly structure;secondly,analyzes the specific monopolistic behaviors breed in the tobacco monopoly practice;finally,defines the relevant market antitrust enforcement of the premise,combined with the particularity of the tobacco industry,the tobacco industry related goods market and regional market analysis.The third part: the construction of Chinese tobacco industry to apply antitrust law exemption rules.This part is the focus of this article,mainly from the tobacco industry to apply the exemption of the way to choose,identify the principle of reference,that the authority to set up three levels of scientific and reasonable rules of procedure,so that the tobacco industry to apply exemption mechanism to order the operation of the orderly,More credibility.The fourth part: the specific operation of Chinese tobacco industry to apply exemption of antitrust law.In this section,we will study the specific operational steps of the rule under the application of the exemption rule of the antitrust law in the tobacco industry.There are two main aspects: First,the initiation of the exemption,review and ruling;the second is to exempt the rights of prosecutors remedies.