Research On The Exemption System For Antimonopoly Law

The initially established antimonopoly law centered on "competition theory" will put the competitions as the market economy cornerstone under the protection of the law and restore the vigor of the market development through opposing all the monopolies. The antimonopoly law is no longer to eliminate the monopoly but to control the monopoly. It will entirely assess its influence on economy and competition thus to reflect its dual function, which can make it worthy of the name—the sword of Demo Kris—in the market economy. The exemption system for antimonopoly law called the antimonopoly law applies to the exemption system or the antimonopoly law exceptional system, refers to the legal regime, stipulated in the antimonopoly law, that specific profession or enterprise's specific behavior is not suitable to the antimonopoly law in order to protect the development of national economy. The exemption system is usually measured by comparative results, namely, the comparison between the nature of limiting the competition behavior and the influence from the economic effect. When the advantages of the consequences brought by the restricted competition outweigh its disadvantages, which can eliminate the prohibition of the antimonopoly law. Once some kind of monopoly behavior or the restricted competition behavior tallies the exemption condition and applies to the exemption stipulation in the antimonopoly law, the antimonopoly law may leave a loophole and give the exemption to this kind of restricted competition behavior which will not undertake the legal liability stipulated in the antimonopoly law. This thesis mainly researches on the legislation of the main developed capitalist countries and classifies the contents of the exemption system for antimonopoly law into five kinds: the exemption of restricted competition agreement; the exemption of business combination; the exemption of intellectual property; the exemption of foreign trade; the exemptions of specific professions, specific organizations and personnel. "The People's Republic of China Antimonopoly Law" was passed in August 30^th, 2007 and was carried out from August 1^st, 2008. The contents of the exemption system for antimonopoly law in our country include: the exemption for improving technology and developing new products; the exemption for improving the product's quality, reducing the costs, promoting the efficiency, unifying product's qualification and standard or implementing the specialized division of labor; the exemption for enhancing young operator's management efficiency and competitiveness; the exemption for realizing the social public interests of power-saving, environmental protection, relief rescue and so on; the exemption for alleviating serious drop of sales volume or obvious production surplus because of the depressing economy; the exemption for safeguarding the right benefits in foreign trade and foreign economic cooperation; other situations stipulated by the law and the State Council. Besides, it also stipulates the operator intensive exemption, intellectual property exemption and agriculture exemption. China's implementing agency of exemption system for antimonopoly law is called the State Council antimonopoly law enforcement agency (It is called antimonopoly committee in central committee; it is people's government corresponding organizations of the provinces, the autonomous regions and the municipalities in local areas). This thesis utilizes the economic analytic method, the jurisprudence methodology and the dialectical analytic method and makes a comparative analysis of the various countries' exemption systems for antimonopoly law. From the creation and development of the exemption system for antimonopoly law, it makes a conclusion that the trend of our country's exemption system for antimonopoly law as follows: first, legislation form changes from the dispersed and centralized to the mixed development; second, the exemption system takes the efficiency as the guidance; third, the applicable scope is more and more narrow; fourth, the exemption scope has the conditionality and the dynamic. The author has consulted a mass of material and read a lot of relevant works, attempting to have a clear and bright understanding of exemption system for antimonopoly law. The author tries to add fuel to the flames to the executive regulation and the judicial interpretation of the antimonopoly law in theory and makes a bit of contribution to the construction of our country's antimonopoly law.