After years of legislative preparation, China's Anti-Monopoly Law was formally implemented on August 1 2008. It has been nearly five years. The provisions of this law on abuse of dominant market position, monopoly agreement and concentration of illegal acts by operators reflect the main principles of China's anti-monopoly legislation and regulation. However, through comparison and reality, we know that China's provisions on the exception system for the application of anti-monopoly law are not enough to cope with complex social changes. It is not mature and operable to stipulate only in individual laws and regulations, and the exception of fuzzy application to special industries such as intellectual property rights and agriculture needs to be continuously improved in the future.
This paper will systematically discuss the application exception system of China's anti-monopoly law from four parts: The first part discusses the concept, characteristics and types of the application exception system, and further analyzes the value orientation of the application exception system of anti-monopoly law from the perspective of the overall interests of society and the value of fairness and efficiency. The second part mainly compares and analyzes the provisions of the application exception in the United States, Germany and Japan from three aspects: the object of application, the subject of execution and the execution procedure, with a view to improving the application exception system in China. The third part introduces the present situation and shortcomings of the application exception system of anti-monopoly law in China. Finally, in view of the new situation of the implementation of the system in China, based on the national conditions and drawing lessons from advanced experience, some suggestions are put forward to improve China's legislative model, scope of application and implementation procedures: improve the current fragmented state of relevant content in China from the legislative model, and formulate general standards that can be applied except the above contents; Provisions to expand and refine the scope of application; In the process control, we should adopt the mode of first applying, then reviewing and then approving, and improve the objection system.