Monopoly Industry Antitrust Exemption

Anti-monopoly Law of monopolistic industries consists of two dimensions. The first issue is the exemptions, otherwise known as the use of the exception. Namely, whether the anti-monopoly law applies to monopoly industries, and if it does, whether all or part of the law applies, and how we should define its scope; the other issue is the specific application. Namely, we should analyze the characteristics in monopoly industries of a variety of monopolistic behavior and make sure the specific application of antitrust laws.At present, the issue of exemption of anti-monopoly law and the provisions of Article VII of anti-monopoly law, law enforcement, and academics are still divergent views, there are no consensus, and then a correct and reasonable explanation is necessary. Therefore, this article focuses on the issue to study.In this paper, it studies the antitrust immunity of monopoly industries of China by researching on the anti-monopoly law, and taking the Article VII as the center through the use of legal interpretation research. This article explains the article by adhering to the principle of priority literature and integrating sociological interpretation research.The article is divided into four parts:The first part is an introduction. It describes the research backgrounds and meanings of this article, explaining the meaning of monopoly industries, attributes, defining the concept of monopoly industries. It still outlines the monopolistic behavior of monopoly industries, examining the different types of exemption, legislation, and domestic scholars of monopoly discussion of the antitrust exemption. It also introduces the methods and ideas used by this paper research.The second part is the detailed interpretation of the Article VII of the anti-monopoly law. This section describes the interpretation of the starting object and insists on the interpretation of the method to exempt the theory as a guide for scholars on the interpretation of Articleâ…¦of the anti-monopoly law. This part is grouped into five categories, which are exemptions negativism, behavioral immunity and cases of immunity, immunity and behavior of the type immunity, department immunity, and immunity negativism. In these interpretations, some take from the provisions of the theory, and some deliberately ignore the provisions of a number of important keywords to the one-sided interpretation of Articleâ…¦, many use anti-monopoly law to interpret other provisions of Articleâ…¦of the. In short, the interpretation of the result is still a huge difference, the consensus is little. This paper then use the literal interpretation and other methods systematically explains the importance of Articleâ…¦of the anti-monopoly law Specially, it takes the keywords "protection", "control position" and "law", "supervision" to interpret that this section is hidden behind the literal meaning of expression; and then it uses constitutional interpretation to make a difference of the antitrust and trade regulation law and the application, and gives a general interpretation of the relationship between them. Then this part points out that all interpretations in this paper cannot be determined beyond the existence of multiple interpretations. Therefore, the conclusions of interpretations of the paper cannot fully answer how to coordinate the relationship between anti-monopoly law and supervisory and regulatory law which needs to use the new methods of interpretation to answer the unknown questions.The third part of the article tries to quote the economical research to answer and resolve the problems. This section first introduces the theory of natural monopoly of Western economics and the historical development. Secondly, it introduces the experiences of Western developed countries on the control of natural monopoly industries and their reformations. Through the above descriptions, we can understand the economic characteristics of monopoly industries and their trend of reformation and development. As a monopolized industry, antitrust law applies to the theoretical guidance and basis for selection. Then, the paper quotes the research of scholars in China in monopoly sectors, and then points out that in China monopoly industries have some serious administrative monopoly characteristics, and the reformation lacks some sophisticated features such as market economic and regulatory environment. All these characteristics determine that monopolized industries in China absolutely have a different reform path from that in western countries. It also points out that anti-monopoly law has a play as the control mechanism on the reformation of monopoly industries; and then gives institutional support to the need for interpretations of the provisions. But there still cannot be determined after a variety of explanations for a reasonable choice to determine how to coordinate the relationship between antitrust and trade regulation law.The last part of the article is based on the above interpretation of the case which is cited in the beginning this paper. It gives a detailed case analysis to test the interpretation of the conclusions and gives the final summary of the basic conclusion of this article.