A Research On Antitrust Law Exemption System Of Concentration Of Business Operators

Antitrust law is a law designed to prevent and stop the monopoly,protect and promote the fair competition in the market.It is necessary to regulate the concentration of operators that may monopolize and destroy the fair competition in the market.However,the antitrust law does not prohibit the concentration of business operators that maintain the social and public interests,improve the efficiency of the enterprises,and promote the technological progress,that is,the antitrust exemption of the concentration of operators.All countries in the world take the concentration behavior of the operators with the effect of eliminating or restricting competition as the object of the antitrust law,at the same time,stipulate the exemption system of the centralized operators in comprehensive consideration of the factors such as industrial policy? industry characteristic?efficiency gains and so on,which reflects the balance of the interests of the economic behavior.However,there are shortcomings in the legal system of exemption of the centralized operators in our country.First of all,in the twenty-eighth article of the antitrust law,China stipulates the standard of the exemption of the centralized operators,and the limitation on how to determine the favorable influence on competition is greater than the adverse effect and how to define the public interests is too general,and increase difficulty in applying the exemption system.Secondly,there are some defects in the procedure of the exemption of centralized operators including the procedure of auditing routine?the procedure of information disclosure and the procedure of exemption supervision,which are not conducive to the value of the exemption system of the centralized operators.In addition,because of the disunity of antitrust law enforcement agencies,there are many defects such as duplicate law enforcement and inconsistency of law enforcement standards,resulting in the low efficiency of antitrust law enforcement in our country,which affects the authority and independence of the law enforcement agencies in making decisions on the exemption of the centralized operators.Therefore,it is necessary to make an in-depth analysis of the exemption system of the centralized operators.In the antitrust law,the standard of the exemption of the centralized operators must be clearly defined,including the standards of the efficiency defense,the insolvency counterplea,the potential market entry,the buyer power and so on,and the typical enumerating of the public interests and the standby clause,which is aimed to provide the exact legal basis and guarantee a certain standard of elasticity at the same time;put forward relevant feasible suggestions in improving the exemption procedure of the centralized operators,perfect the setting of law enforcement agencies and strengthen the operability of the exemption system of the centralized operators in order to promote the perfection of the exemption system of the concentration of anti monopoly law,coordinate the relationship between industrial policy and competition policy.