The Research On The Anti-monopoly Law Of Small And Medium-sized Enterprises Cartel Exemption

Both in developed and developing countries, small and medium-sized enterpriseis the foundation and an important part of the national economy. It plays an importantrole in booming the economy, increasing employment, promoting innovation. Butwith its important status is not equal, small and medium-sized enterprise individualposition is weak, limited in scale, not in the position in almost every way. The use ofresources is limited,the capability of getting funds is not strong and so on. Thesecause the small development scale, fluctuat development, and the weak anti-riskability, and low market share. Small and medium-sized enterprises has been in "weakposition" in the process of competiting with large-scale enterprise. In order to changethe situation of "the strong stronger and the weak weaker", and improve its marketcompetitiveness, some small and medium-sized enterprise often choose to combinetogether. Through the small and medium-sized enterprise cartel behaviour, they wantto deal with competition and challenge of the large-scale enterprises, and change theirdisadvantage. Although the anti-monopoly law is in order to maintain a faircompetition, but it is tolerant of small and medium-sized enterprise’s restricttingcompetition, and established small and medium-sized enterprises cartel exemptionsystem. This seemingly unfair legislation is essentially in the pursue of a higher senseof justice, substantial justice. Article15of Chinese "anti-monopoly law" establishedthe small and medium-sized enterprise cartel exemption system, It has importantsignificance of protecting the interests and promoting the development of small andmedium enterprises. But at present, the small and medium-sized enterprises cartelexemption law system has many deficiencies, mainly displays in: the relevant systemis not systematic and integrated; its rules are too abstract, so the maneuverability isnot strong; the specific standard of exemption is not clear, exemption proceduressystem is missing, it will cause the law process has great randomness. And themonitoring program of preventing the abuse of exemption right is also lack. This willincrease the risk of abusing cartel exemption system. Therefore the author putsforward some suggestions. We should be divide and definit small and medium-sizedenterprises scientifically and reasonably, stipulate the small and medium-sizedenterprises cartel exemption definitely, and clearly laid the small and medium enterprise cartel exemption procedures.