On the antitrust exemption system
|School||Shanghai Academy of Social Sciences|
|Course||Civil and Commercial Law|
|Keywords||Antitrust Exemption system Industry Exemption|
The anti-monopoly law of the People's Republic of China issued, will help to promote competition, optimize the allocation of resources, protect the interests of consumers. But some can not only consider the lifeblood of our country's industry to protect competition, but ignore the protection of the industry. The scholar thinks, the antitrust laws is negative is the premise and foundation of the existence of anti-monopoly exemption system. This paper sums up the characteristics, the applicable objects of anti-monopoly exemption system, and in the perspective of industry specific immunity proved applicable antitrust exemption system of law foundation, economic foundation and political foundation. This article adopts the method of comparative study to the industry exemption system of developed countries for reference, shows the present situation of our industry exemption and theoretical basis with Chinese characteristics, the industry exemption system in China is a reflection of China's industrial policy, is China's industrial ownership structure, reflects the control of the government in our country, is also an expression of the governing policy and fiscal policy in our country. Disadvantages at the same time, this article reveals the industry exemption and the development trend of anti-monopoly exemption system, and on this basis, from two aspects of entity and procedure, puts forward the Suggestions of perfecting our country's anti-monopoly exemption system.