Study On The Antimonopoly Exemption System Of Research And Development Agreement

Antimonopoly exemption system of research and development agreement shows the efficiency value of the antimonopoly law. The antimonopoly exemption system of Research and Development Agreement of our country has not yet been established thoroughly, thus it is difficult to deal with the antimonopoly problems brought by the Research and development agreement. This article will introduce the Antimonopoly exemption system of the European Union, the United States and Japan, summarize their experience in legislation, and try to improve the Antimonopoly exemption system of China. The full text is divided into three parts:The first chapter analyses the meaning of antimonopoly exemption system of research and development agreement and the value it pursuits. If the influence to the competition of relevant market is not significant or if the anti-competitive effect is less than pro-competitive effect, the parties of research and development agreement should not bear the responsibility. The antimonopoly exemption system of research and development agreement shows the pursuit of value in three level, including the benefits for the whole society, the competition order and efficiency.The second chapter analyses the antimonopoly exemption system of research and development agreement in the European Union, the United States and Japan. They have specially set up a research and development agreement exemption system, includes both the general and the special exemption legislative provisions. The feature of the European Union includes the comprehensiveness of exemption conditions, changing from individual exemption model to block exemption model, changing from centralized scheme model to decentralized scheme model. The feature of the U.S. is using the principle of per se illegal, rule of reason, antitrust Safety Zones and Innovation Markets to analyze exemption cases. The feature of the Japan is the detailed classification of the research and development agreement and the way to balance the relationship between industrial policy and exemption policy.The third chapter analyses the current situation of antimonopoly exemption system of research and development agreement in China and the way to improve it. The existing problems of antimonopoly exemption system of research and development agreement in China are that, the exemption conditions is incomplete, the authority of exemption enforcement is separate into three parts as a result of the coexistence situation of three antimonopoly law enforcement agencies (Development and Reform Commission, Ministry of Commerce and the State Administration for Industry and Commerce) in China, and it is not good for the implementation of antimonopoly exemption system of research and development agreement. Therefore, China should take measures to improve the antimonopoly exemption system of research and development agreement, including but not limited to perfecting the exemption conditions, clarifying the type of research and development agreement which can be exempted, bringing in the innovation market concept, the safety zones system to analyze the research and development agreement, changing individual exemption model into block exemption model, setting up a register system and counselor system in advance.