Research On The Legal Issues Of Anti-Monopoly Exemption Of China's Export Cartels

Export cartel is to discuss the export price,quantity and the division of the sales market among export enterprises in order to promote the export of products and reach a corresponding cooperation agreement.Although the export cartel has the effect of restricting competition and is also destructive to the order of competition in the international market,it has not been strictly prohibited because there is no uniform international rule to regulate it.As the export cartel takes place in the exporting country,the adverse effects occur in the importing country,so that the exporting country encourages enterprises to export and establish an export cartel exemption system for the economic benefit of their foreign trade.Of course,if the exemption system is imperfect,without strictly reviewing the export cartel formed by the country,it will not only increase foreign trade,but also affect the domestic competitive market,and even be subject to antitrust lawsuits by the importing country.Big economic losses.For example,in order to effectively rectify the export order,reduce the risk of anti-dumping investigations,and protect small and medium-sized enterprises from entering the international competitive market,the "Anti-Monopoly Law" gives explicit exemptions to export cartels,but due to the lack of detailed exemption conditions,exemption procedures,and regulatory rules The Chinese export cartel has frequently encountered foreign antitrust lawsuits,and due to the imperfect response mechanism,Chinese companies have undertaken huge liability for compensation.Therefore,through the analysis and introduction of the exemption system of European and American countries,this article puts forward reasonable suggestions for the improvement of China's export cartel exemption system.The first chapter is "Overview of Exporting Cartels".First,by comparing the export cartel with the domestic cartel and the international cartel,the scope of this article to explore the export cartel is defined.Then by analyzing the nature of the export cartel,it can be seen that the export cartel has both the advantages of promoting exports and the harmfulness of detracting from the welfare of consumers.Therefore,it is neither a general prohibition nor a general exemption,but should be based on Specific circumstances to decide what measures to take.Finally,I introduce the conflicts between exporting and importing countries on export cartel regulation.Because exporting cartels takes place in importing countries,there are many factors that promote export trade of exporting countries,so they are generally exempted by exporting countries.But at the same time,the adverse effects occurred in the importing country,which severely damaged the competitive market of the importing country and impaired the welfare of consumers in the importing country.Therefore,the importing congress strictly controlled the export cartel outside the territory.In weighing the pros and cons,China has also made the choice of exempting its export cartel and controlling export cartel outside the domain.The purpose of this chapter is to introduce countries' attitudes towards export cartel and China's attitude towards export cartel.The second chapter is "Exemption Regulations on Export Cartels of China's Antimonopoly Law".This chapter is mainly an introduction to China's export cartel anti-monopoly exemption regulations.The main reason for the implementation of the export cartel exemption system is that China's export companies are frequently subject to foreign anti-dumping investigations.Reduce the risk of anti-dumping investigations or antitrust litigation,and protect small and medium-sized enterprises from entering the international trade market and increase their competitive advantage.The most important thing is that the formation of export cartels does not harm the overall interests of exporting countries..Second,analyze the legislative model ofexempted export cartel,compare the advantages and disadvantages of the three models of explicit exemption,implied exemption and illegal exemption,and think that it is reasonable for China to choose express exemption,which is more conducive to protecting the interests of domestic export enterprises.Finally,through the US "Export Trade Company Act" and the EU "EU Operation Treaty",the US and EU export cartel exemptions are introduced,and compared with China's exemptions to find out the current deficiencies in China For the next chapter,point out the shortcomings of China's export cartel exemption system and put forward countermeasures to pave the way.The third chapter is "Insufficiency of China's Export Cartel Exemption System and Countermeasures".This chapter mainly points out the shortcomings of China's export cartel exemption system,and puts forward reasonable suggestions for the shortcomings.Although China's "Anti-Monopoly Law" expressly exempts export cartel,but only made general provisions,in addition to no other legal provisions and judicial interpretation,and the legal provisions on the export cartel exemption certification standards are not clear It is clear that there is no restrictive regulations,and the establishment of exemption procedures and department management is also in a blank state.It is precisely because of the imperfection of the exemption system that the export cartel does not need to be approved,and it can be exempted through declarative exemption.In addition,the imperfect response mechanism of our country has led export companies to respond to foreign antitrust lawsuits.,Because of the lack of exemption basis and face the risk of losing the lawsuit.Finally,in view of the above deficiencies,it is suggested that China should refine the legal criteria for exporting cartel entities from the legislative perspective,including a clear explanation of "legitimate interests" and additional restrictive provisions for exemptions,as well as the establishment of approval bodies and clear approval procedures.To help China's export companies deal with foreign antitrust lawsuits,it is recommended to coordinate and cooperate internally and externally.Establish a good communication bridge between the government,industry associations and enterprises,improve the response mechanism,and actively participate in the international cooperation ofexport cartels,learn from foreign mutual recognition cooperation mechanisms,in order to avoid antitrust litigation in both countries.