Research On The State Aid Exception Under Antitrust Substantive Law

Generally speaking, state aid is subsidy, which is granted by government to special region or industry to purse the aim of improving the national competence. It will distort competition of market order to some extent. How to coordinate the relationship between state aid and antitrust law is an inevitable problem during economic development of a country. The dissertation consists of four parts to analysis this question.At first, clearly defining the term of state aid bases on the Article87 (1) of European Community Treaty. To grasp the connotation and extension of state aid by rule and line, it is a necessary step that delimitating and establishing the connotation and judgment criteria of Booster, Recipient, Aid-Measure, and Consequence of Aid. Therefore, it is possible to summarize and induce the definition of state aid according to Chinese situation.Secondly, deeply analyzing the theoretic basis of the state aid exception under antitrust law. According to economics, owing to the existence of market failures, it is necessary for government to properly meddle economy, carry out a part of operational cost of enterprises, grant favorable terms to stimulate investment, and so on. Furthermore, the establishment, modification and execution of competition law have tight relation to competition policy. Meanwhile, competition policy must coordinate with industry policy, social policy and other objectives of policies. In addition, if restricting monopoly and monopoly exception can't coexist, the substantial objectives of antitrust law will fail to achieve. Moreover, reasonable existence of state aid exception under antitrust law also accord to the legislative objective of countries' antitrust laws.Thirdly, systematically and entirely expounding concrete types, conditions and scope of the state aid exception under antitrust law in the European community. It includes self-driven exception of state aid, generic exception of state aid and special occupation state aid. In theory, it can be summarized two categories, that is, state aid exception in behaviors and occupations.At last, raising suggestions of constructing the Chinese legislative framework of the state aid exception under antitrust law. The substantive framework involves three aspects, that is, antitrust law plays as its general prescript, antitrust administrative regulation as operating reference, antitrust regulatory and juridical interpretation as complement. Under this framework, the state aid exceptions under antitrust law can be summarized into two categories, that is, state aid exception in behaviors and occupations. The former can be further divided into the self-driven exception of state aid and one having legitimate role only by the approval of antitrust law enforcement office one by one; and the latter should be applied to traditional agriculture, transport, steel and shipbuilding, and so on forth.