Study Of Anti-trust Exemption System

The system of exemption from antimonopoly law is also called the exception of antimonopoly law. It's a system on the inapplicable of the prohibiting rules to the given industries, enterprises and other bodies or their given behaviors, which are conflicting to the principles of antimonopoly law. It's a common system in antimonopoly law all around the world. It's closely related to a country's political and economic condition and international relationship. The Antimonopoly Law of China will be approved, so it's a hot topic about how to establish the system of exemption from antimonopoly of China.In chapter one, the author analyzes the common theory, which is the connotation of the whole of theory, including the basic conception, theory base, main function and the aim of antimonopoly exception. It's a relative exemption according to certain industry or behavior, in certain condition and certain period. And it's influenced deeply by a country's policy, political and economic condition and international relationship. The system is based on some reasons: Monopoly has some rationality, which can form the large-scale production and raise the efficiency. The excessive competition is destructive, which will cause resources waste and increase the social cost. The monopoly is the inevitable outcome of the competition. On one hand, once the monopoly forms, it will initiate fiercer and higher-level competition. This is the unity of monopoly and competition. The exemption system can make up the deficiency of legislation and avoid the large waste of society resources from excess competition and prevent sacrificing the economic benefits of the due scale. As a certain restrictive competition can lead to a more economic benefits than the damages it causes, it's valuable and should be exempted. So economic benefits become the standard of judging if a certain monopoly or restrictive competition is legal or not. And in the system of exemption from antimonopoly law, economic benefit is the first aim. But as one part of the antimonopoly law, the system of exemption from antimonopoly law must reflect the antimonopoly law's aim as market management law, i.e. society fairness. This kind of value orientation also contains directly in contemporary antimonopoly legislation. According to the consideration of legal reason, the morals become the important value goal in the exemption of antimonopoly for some special organizations and freelancers.