China's Anti-monopoly Law Agricultural Exemption System The Agricultural Subject "defined

The agricultural exemption in Anti-monopoly Law, based on agricultural industrial policies and characteristics of agricultural production, is enacted to afford special protection to agricultural subjects. Conditional exemption, to some extent, is available to agriculture subjects whose monopolistic conducts are eligible for exemption. How to define the exemption system rationally and how to protect agricultural subjects are the focus of agricultural exemption as well as the urge of the application of Anti-monopoly Law in China. Article 56 provides that the Anti-monopoly Law shall not apply to the alliance or concerted actions of agricultural producers and rural economic organizations in the economic activities such as production, processing, sales, transportation and storage of agricultural products. Although it provides a legal basis for the establishment of the exemption system, it doesn't give a precise definition for agricultural producers and the rural economic organizations. From the legislative perspective, the definitions of agricultural subjects are not unified, and the referents of agricultural subjects are not clear, although some relative articles can be found sporadically in various legislation. There exist various standards in practice, which cause the conflicts in the identification of agricultural subjects. There must be some certain difficulties in the process of the application on the exemption system of anti-monopoly law, which cannot only provide due legal protection to agricultural subjects, but also are unfavorable to the stable and healthy development of agricultural industry.The United States, as one of the earliest countries to grant Anti-monopoly Law, has accumulated the massive cases about what subjects can be exempt in the long-term judicial practice. The agricultural exemption in U.S. only extends to the agricultural cooperatives among farmers, and it insists on double standards when it comes to subject qualifications and behaviors. Severe restrictions have been imposed on membership structures, members'rights and objectives of agricultural cooperatives. On the other hand, various requirements have been established for subject behaviors.Agriculture is the basis of our national economy. Because of small scale and low proficiency of agricultural industry in China, the agricultural exemption will include not only traditional crop production but also forestry, animal husbandry, fishery and wild plant gathering in sideline.The producers are risk takers for agriculture production in light of the national situation and agricultural development. Rural economic organization is a voluntary organization in which producers are united for the purpose of the mutual benefits of its members. The two agricultural subjects shouldn't keep predatory competition in their behaviors while obtaining exemption, or they should bear legal responsibilities.