Study On The Exemption System Of Anti-monopoly Law

The system of exemption from anti-monopoly law is the exemption of the applying of anti-monopoly law. It is a system that the law permits the existence of certain monopoly status and monopoly behavior in some trades or domains. In other words, this law system doesn't investigate the special collaborate, alliance or independent behavior which belongs to limited competition action. Although different countries have various laws, exemption system stipulated in anti-monopoly laws reflects trend of internationalization and consolidation. That the country entitles exemption rights to such enterprises which is connected with the material national and social public interest as well as some monopoly actions under special situation and need, in order to consummate the social integral benefit and to maintain the public interest, is becoming reasonable in the anti-monopoly legislation, the economic and social sense of which is that the permission of monopoly, collaboration and exclusion of severe competition for the objects exempted from anti-monopoly laws will sometimes benefit the integral development of national economy and social stabilization. Through the competitive analysis on the object exempted from the anti-monopoly law. we can find out the diference of their legislation background on the exemption system of antitrust law and the influence to national market competition, and refer to their experiences.Anti-monopoly law of The people's republic of China had been passed on August 30^th 2007.The exemption of the applying of anti-monopoly law has been set, but there are still some problems in it. Main research methods of this thesis includes historical-method study, normative analysis, comparative study and economical analysis. The thesis makes a systemic study of the system of exemption from the anti-monopoly law. At the first part, discussing the exemption system's economical basis, jurisprudence basis and policy science basis, the thesis wants to prove the necessity and possibility of the system's; existence. In the second part, concluding the western countries' more mature experience. The thesis wants to provide the law making patern for us. In the last part, based on the above, the thesis inspects our law making background. Try to put forward our exemption system from the anti-monopoly law.