反垄断法适用除外制度理论探微

On the Academic and Practical Reason of System of Exemption from Anti-Monopoly Law

反垄断法适用除外制度是指在某些特定行业或领域中法律允许一定的垄断状态及垄断行为的存在,即对某些虽属限制竞争的特定协调或联合或单独行为,反垄断法不予追究的一项法律制度。适用除外制度是反垄断法的一项重要法律制度,其产生、存在具有合理性,国外的反垄断法都普遍有适用除外制度的规定。从理论以及实践两个角度论述适用除外制度确立的必要性,建议在制定反垄断法的过程中,在吸取国外经验的基础上,建立适合中国国情的反垄断法适用除外制度。

The system of exemption from anti-monopoly law is the exemption of the applying of anti-monopoly law. It is a system that the law permits the existence of certain monopoly status and monopoly behavior in some trades or domains. In other words, this law system doesn＇t investigate the special collaborate, alliance or independent behavior which belongs to limited competition action. The system of exemption is one of the significant law system in anti-monopoly law, and the emergence and existence of system of the exemption is rational. The academic and practical views are studied to prove the rationality of the system of exemption from anti-monopoly law. It is proposed that we should constitute ourselves＇ system of exemption and assimilate other countries＇ experience in the process of establishment of anti-monopoly law.