合法垄断刍议

我国学者通常将合法垄断、适用除外和豁免作为同义语使用,均指不为反垄断法所禁止的垄断行为。力求澄清三者之间的关系,并指出其各自在反垄断法上的不同地位。合法垄断即法律所许可的垄断,它包括适用除外与豁免两种情形。对于适用除外情形,不适用反垄断法;而豁免则是适用反垄断法的结果,关于豁免的条件与程度的规定是反垄断法的基本内容和有机组成部分。随着经济生活的进一步发展,适用除外的范围不断缩小,而豁免的空间则越来越大。人们对于垄断的积极意义的认可,主要体现在豁免规则的适用上。

Preliminary Research into Legal Monopoly

Chinese scholars often regard legal monopoly,exception and exemption as synonyms and refer to them as a monopolistic conduct which is not banned by the anti-monopoly act.This paper seeks to tell the differences between the three and illustrate their different roles in the anti-monopoly act.Legal monopoly means the monopoly that is permitted by the law,it consists of exception and exemption.Exception can not be applied to the anti monopoly act while exemption results from the anti-monopoly act.Rules concerning the conditions and extent of exemption constitute the basic content and integrate components of the anti-monopoly act.With the further development of the economic life.the scope of exception is becoming smaller and smaller whereas that of exemption is becoming bigger and bigger.People's approval of the active meaning of monopoly is mainly expressed in the application of the rules of exemption.