The Analysis and Improvement on the Invalidity of the Exemption from the Antimonopoly of the Foreign Trade in China
Article 15 in Antimonopoly Law of China provides that the exemption from the foreign trade includes the exemption from import and export. The basis of the exemption from import cartel is that the protection of competitor is prior to the protection of competition,which is adverse to the competition ability promotion of Chinese import industry at present and in the future and may be contrary to the National Treatment of WTO,and it should be prohibited. The regulation of export cartel of China is reasonable in some degree,however,the constitutive requirement of just benefitexemption should be explained in restriction so that the abuse of the regulation is prevented to cause unnecessary harm.