On The Exemption System Of Antimonopoly Law Of Environmental Agreement Between Enterprises In China

A good ecological environment is the foundation of economic development.Economic development should not be at the expense of the environment.Environmental factors must be considered while developing the economy.In order to protect the environment,an environmental agreement may be reached between enterprises.An environmental agreement between enterprises is an effective way to protect the environment,but it may also restrict competition and violate competition laws.When enterprises take measures to protect the environment,their competitive strength will be weakened,and they will be disadvantaged in the competition.If a certain degree of competition is not allowed,then the enterprises that protect the environment will suffer competition losses or be eliminated by the market,and they will also lose the protection environment.Motivation.Anti-monopoly law is the basic law for maintaining fair competition in the market.As the basic law for maintaining fair competition in the market,anti-monopoly law should also consider environmental factors while maintaining the order of market competition.Some agreements that restrict competition but are beneficial to the environment meet specific requirements.It is exempted in the standard.China does not have clear provisions on the exemption system for environmental agreements between enterprises.Only Article 15 of the Anti-Monopoly Law provides an agreement to protect the environment.When certain conditions are met,it may not be prohibited by the anti-monopoly law.This is actually the above stipulates the exemption system for environmental agreements between Chinese enterprises.China's environmental agreement exemption system is mainly modeled on Article 101(3)of the EU Operational Treaty,but compared to the EU's more complete environmental agreement exemption system,China's environmental agreement exemption system also has exemption conditions and exemption systems.There are many unclear and imperfections.This article refers to Article 101(3)of the "EU Operational Treaty",points out the current status and deficiencies of China's environmental agreement exemption system,and puts forward suggestions to improve China's inter-enterprise environmental agreement antitrust law exemption system,and combines the EU's rich Practical experience summarizes the issues that China's antitrust law enforcement agencies should pay attention to when exempting environmental agreements between enterprises.