Analysis On The Solutions To Promote Cartel Exemption System Of Small And Medium-sized Enterprises

The Anti-monopoly law of the People's Republic of China(hereinafter referred to as the Anti-monopoly law)has entered into force for nearly a decade.By lack of public market research,related trade associations are incapable of organizing small and medium-sized enterprises to make a coalition under the exemption clauses of the Anti-monopoly law.Beyond that,the law enforcement from public authority is limited.The cartel exemption system promotion has not yet reach a national wide range.Besides,even if there are many relevant cases,we can not find even a disclosed case.Such situation above will do great harm to the effectiveness of law enforcement.Under the economic situation presently,China should take more legal measures to help the small and medium-sized enterprises(SME)out.The cartel exemption system of the Anti-monopoly law can help China to figure it out,such as help SME to enhance their competitiveness.So we should realize that promoting cartel exemption system operation is necessary.This paper makes an analysis on the possible solutions from the existing problems,and will be divided into three chapters.The first chapter discusses some hot issue based on the cartel exemption theory.The research object of this article is clarified at first.And the existing fact of "legal monopoly agreement" and "illegal monopoly agreement" is pointed out.Then this part clarifies some theoretically related issues such as the definition of small and medium-sized enterprises(SME),the concept and scope of cartel,foreign lawcomparison of illegal confirmation principle,etc.After that,Based on the analysis of economic theory and legal theory,the chapter points out the legality,rationality and necessity of relevant systems.Then emphasize that China should promote cartel exemption system to develop small and medium-sized enterprises.The second chapter is divided into two sections.Section 1 shows some related dynamical progress in recent years(such as modification of the relevant legal documents,relevant public documents,the law enforcement dynamics,etc.)to make an analyzes on the legal and law enforcement trends of cartel exemption system.The second section makes a case summary of 4 cases related to the topic.Through this way,we can draw the current system operation status of our country and make a summarize of experience and problems.The third chapter combines the theory analysis of the first chapter and the case studies of the second chapter.It makes a summarize from the aspects of the entity standards,procedure standards and law enforcement to clarify prominently existing problems and solutions in the operation way of promoting SME cartel exemption system.Up to now,there are many problems existed,such as the disagreement to adopt principle of "itself illegal principle" in China,and the deviation of law enforcement,the exempted cartel scope and so on.Besides all of the above,the regulation to the industry association is too rigid,and this will do harm to the activity of trade association to help SME out.The possible solutions of problems mentioned above is proposed,such as clarifying the definition of the "legal monopoly",making a consider of positive effect proportion to evaluate and encourage the industry association and so on.All in all,all these solutions is aimed to find out the possible way to help small and medium-sized enterprises.