Research On Anti-Monopoly Exemption System Of Professional Sports Industry In China

The professional sports industry refers to an industry that mainly provides commercialized sports performances,and through the trading of various competition rights,athletes apply professional sports skills in the competition to obtain capital returns.The professional sports industry is essentially a commercial activity and has a corresponding industrial market,so it should be regulated by the anti-monopoly law.However,the professional sports industry is significantly different from other industries.Its competitive balance makes certain restrictions on competition in the industry get anti-monopoly exemption because of its rationality.This is reflected in the developed countries and the European countries.Different forms of exemption have promoted the development of the professional sports industry in these countries to varying degrees.The anti-monopoly exemption system is essentially a mechanism for legally recognizing certain restrictions on competition.It is necessary to strictly distinguish between anti-monopoly exemption and application.At the same time,China analyzes relevant elements in the anti-monopoly case's usual competitive effect analysis method.Case exemptions can also be incorporated into the broad antitrust exemption system.At the same time,the anti-monopoly law exemption system has the pursuit of value for economic efficiency,fairness and justice,social welfare and consumer welfare.It is this value pursuit that makes the nature of behavior judged by value selection in the face of certain restrictions on competition.The sports industry's related restrictions on competition behavior can be used to analyze the competitive effect through value selection.China has formed a professional sports industry scale that includes various professional sports events in the form of professional sports leagues.However,compared with Western countries,China's professional sports industry still has a late start,there are a series of problems such as excessive administrative intervention,unclear relationship of professional sports property rights,and unbalanced competition.From the perspective of anti-monopoly,China's anti-monopoly law does not clearly define the professional sports industry.For a long time,many scholars have placed their research focus on the administrative monopoly of the professional sports industry in China,which leads to monopoly agreements in the professional sports industry.Economic monopoly behaviors such as abuse of market dominance and concentration of operators have not received attention.Through the study of these three types of behaviors,the economic monopoly of China's professional sports industry is located.In the competition behaviors of many professional sports restrictions,the three restrictive competition behaviors,such as restricting athletes' mobile behavior,professional sports TV broadcasting rights,and occupational sports alliance access,are selected,and the system and case analysis are carried out for China and the foreign countries respectively.The analysis of competitive effects draws the positive and negative effects of the corresponding behaviors,thus laying the foundation for the analysis of the behavioral competition effect of the construction of the anti-monopoly exemption system in China's professional sports industry.Finally,by analyzing the conditions for the establishment of anti-monopoly exemption system in China's professional sports industry,and then analyzing the guiding principles,exemption scope and institutional approach of the exemption system,the corresponding conclusions are drawn:At this stage,China's professional sports industry is in urgent need of legal and policy support.The application of the anti-monopoly exemption system in the professional sports industry is very necessary.At the same time,it is necessary to adhere to the principle of prudent analysis and analyze the detailed competitive effects of the corresponding competitive sports in the corresponding professional sports industry.When the positive effect is greater than the negative impact,or This behavior is necessary for the development of the professional sports industry and in line with the law of the development of the professional sports industry,the behavior should be given an anti-monopoly exemption.In terms of system construction,it may be considered to carry out relevant provisions in the Supplementary Provisions of China's Anti-monopoly Law,or to formulate the "Guidelines for the Application of Anti-monopoly of the Professional Sports Industry"to realize the exemption of relevant restrictions on competition in the professional sports industry,so we can guide the professional sports anti-monopoly exemption system at the legal level.