The Comparative Study On The Exemption System Of Antitrust Law

The exemption system of antitrust laws is an indispensable part of antitrust laws inthe countries of the world. The exemption system mainly involve the industries andareas that are closely connected with the national integral economy and the socialpublic interests, which determines that the system plays an important part incoordinating antitrust laws and social economy, carrying out state industrialpolicies,and maintaining national integral benefit and social public interests.The antitrust laws, in which the articles are characterized by principle andflexibility, prohibit monopoly that restrict the competitions, provide free and fairenvironment for the operators, as well as protect their legal interests. However, theantitrust laws never prohibit all restricted competitions because balancing the interestsoccupies an important part in the implementation of antitrust laws. Restrictedcompetitions contribute to the competitions (i.e. positive effect) while repel or restrictitself (i.e. negative effect) at the same time. When the positive effect surpasses thenegative one, the restricted competitions should be exempted by the antitrust laws.And the exemption system, which is very special, generates from the above.The exemption system of antitrust laws vary from country to country in theform of legislation、the occasion and the procedure in which it applies. The paper aimsto make a comparative analysis of the exemption systems in different countries andareas, such as United States、EU、Germany and Japan which boast advanced exemption system, to absorb their essence in the purpose of improving our own.