论合作社被豁免适用反垄断法的法学理论基础

On the legal theory base of the anti-monopoly law's exemption to cooperatives

从合作社的内部因素来看,合作社自身的制度设计已经使合作社社员的民主管理权利和经济利益受到了一定程度的制约,同时合作社的运营目标制约了合作社资本的自我扩张。反垄断法从规范合作社社员利益的角度来规制,合作社自身的制度设计是符合反垄断法所追求的经济力量分散的民主政治结构这样一种立法目标的,因此,合作社具有天然的被豁免适用反垄断法的特性。

From the view of the internal facts of cooperative,the regulation constructing of cooperative itself has already constrained the democratic management rights and the economic interests of the members of cooperative in a certain degree,and meanwhile the operation target of cooperative has also constrained the nature that the capital is apt to aggressively extend in itself.And at the angle of the anti-monopoly law adjusting the interests of the members of cooperative,the regulation constructing of cooperative is compatible with the legislation goal pursued by the anti-monopoly law that the economic interests should be distributed.Therefore,cooperative should be exempted by the anti-monopoly law in nature.