China's Anti-trust Exemption System Research

Exemption is an important system for anti-trust law. It safeguards and manifests the ultimate goal and value orientation of the anti-monopoly law, which safeguarding the market competition order, optimizing the allocation of resources and achieving the whole interests of society. At first, this thesis introduces the basic overview the exemption's function and mechanism of the anti-trust law. And the thesis also analyzes the theoretical basis of Exemption in law economics.Compare with other common enterprises, the public enterprises have their own characteristic in the economic and law. The characteristics of the Public enterprises which is scale economy and economies of positive externality and public welfare, monopolistic, mandatory contracting and controlled, make the public Enterprises have a special significance to the exemption of the anti-monopoly law.The exemption of anti-trust laws in some countries and regions of the world have developed quiet greatly. The mature theory and experience in practice of these countries and analysis will give us an important significance of reference. Through the comparison and analysis of the exemption of the anti-trust law in these countries and analysis, we can obtain a lot of useful enlightenment.There are still many problems regarding regulating to public Enterprises by law in China. The adjustment mechanism of the exemption of "Anti-Monopoly Law" to public enterprises also need further improvement. This thesis put forward that the exemption of the anti-monopoly law should reflect the core value and ultimate ideal goal, and as to public enterprises, the exemption should use a mode that mainly adopting by exemption for industry and also complementing with exemption for case, and should been carry out through a implementation mechanism which associated legal exemption and application exemption, and should be consistent with the other laws and regulations.