Study On Exemption System Of Anti-monopoly Law In China

Since the Anti-monopoly Law was implemented in 2008,it has been promulgated for twelve years.It has effectively regulated the monopoly behavior and the restriction of the market economy order by the monopoly state,and has made my country’s economic growth rate have been significantly improved for a long time.However,in practice,people have a lot of controversy about its implementation effect.The anti-monopoly law,which is based on a static industrial economy,unanimously plays the function of protecting competition and combating monopoly.Therefore,in the anti-monopoly law,how to recognize monopoly under the new economic situation and how to use the exemption system to protect the public interest are tasks that need to be solved urgently.The reason is that the scope of application of the anti-monopoly law exemption system is too vague,the exemption standards are inconsistent,and how to supervise after the exemption is not perfect.Therefore,this article is dedicated to combing the views of the exemption system and combining the cases in practice to analyze the existence of the exemption system.Problems and directions for improvement.This article mainly follows the idea of combining empirical research and comparative research,starting with the implementation of the anti-monopoly law under the new economic form,and studying the connotation and characteristics of the exemption system in the anti-monopoly French environment.Study and summarize the three exemption standards and the characteristics of law enforcement practices,and extract the experience of combining individual cases with batch exemptions and dynamic supervision.Finally,based on the specific circumstances that my country’s anti-monopoly law exemption system is rarely applicable in judicial practice,the following three suggestions are put forward: add protection of free competition in the purpose of the anti-monopoly law,refine the exemption clauses of the anti-monopoly law immunity system,and strengthen the exemption system The dynamic supervision of the anti-monopoly law,the improvement of the standards,scope of application,application procedures and supervision measures of the anti-monopoly law exemption system,in order to promote the realization of the public interest value goal of the anti-monopoly exemption system.