A Study on the Exemption System of Joint Restrict Competition ACT in Anti-Monopoly Law
|School||Southwest Jiaotong University|
|Keywords||Joint restrict competition act Exemption system Value analysis Leniency Program|
Joint restrict competition act is the act of taking agreement, resolution, or coordination by two or more market players. They conspire to decide the price and number of goods or services, customers or areas, and limit, exclude, or disturb the competition. Joint restrict competition act is called as " combined action " in the U.S., "cartel" in Germany, " Joint restrict competition agreement "in the EU, and "monopoly agreement" in China. The exemption system of Joint restrict competition act in anti-monopoly law is the rule of antitrust examination about obviating some joint restrict competition acts from the antitrust prohibitions of Anti-monopoly law.Joint restrict competition act is called as "monopoly agreement" in China’s Anti-monopoly Law. Its antitrust exemption system exemption system is the most heterogeneous part of Anti-monopoly law. In the performance, the type of monopoly agreements is varied and its content is complex, but the exemption application is rarely mentioned. To change this situation, and attract people to apply the exemption application, "The procedural rule of the administrative department for industry and commerce to investigate and dealt with the cases of monopoly agreement and the abusing of dominant position" is a preliminary rule which establish Leniency Program of monopoly agreements. May 2010, the administrative department for industry and commerce in our state releases "The rule of the prohibition of monopoly agreement (draft)", who want to get suggestions from our community to improve the efficiency of Anti-monopoly law and to establish the performance guide of monopoly agreement.Paper uses the value analysis, historical analysis, comparative analysis and other methods. It is started from the foundation to the value analysis of the exemption system, and from the experience of other countries in the exemption system to the suggestion of our relevant system establishment, while recognize the academic background and significance.Joint restrict competition act which is exempted, is the core of the exemption system. The acts determine the specific content of the exemption criteria. Therefore, the paper analyzes the relevant cases in U.S. to find the characteristics of the joint restrict competition act that is exempted. It is best to learn from American courts about how to use value analysis to judge the rationality of Joint restrict competition act in the judicial review. The conclusion which is get through value analysis, is always too subjective, arbitrary, and is difficult to be believed. However, value analysis is good for the judges who have rich experience to make the right judgments.Secondly, the paper made the point that is "the exemption of Joint restrict competition act can solve the value conflict of Anti-monopoly law", such as the conflict between competition and monopoly, performance and fairness, and between true fairness and social standard. To change the situation of less exemption application, the paper analysis Leniency Program in American. To solve the problem about the low efficiency of exemption review, the paper analysis Collective exemption in EU. To improve the exemption criteria, the paper analysis the exemption criteria from American and EU.Finally, the paper points that our country must improve Leniency Program, Collective exemption, and recognize the relation between purposes and effects about the acts and so on.