THE JURISPRUDENTIAL ANALYSIS ON THE EXCEPTION SYSTEM OF FAIR COMPETITION REVIEWI. ON THE CONNOTATION OF THE EXCEPTION SYSTEM OF FAIR COMPETITION REVIEWII. THE NORMATIVE CONSTITUTION OF THE EXCEPTION SYSTEM OF FAIR COMPETITION REVIEW
A. Substantive Elements
B. Procedural Elements
III. THE DISTINCTION BETWEEN THE EXCEPTION SYSTEM OF FAIR COMPETITION REVIEW AND THE SYSTEM OF ANTI-MONOPOLY LAW
A. An Analysis of the Concept of Exception System of Anti-Monopoly Law
B. On the Concept of Exemption System of Anti-Monopoly Law
IV. THE LEGAL ATTRIBUTE OF THE EXCEPTION SYSTEM OF FAIR COMPETITION REVIEW
A. The Limited Dimension of the Universality of Conventional System
B. The Legalization Dimension of Specific Public Policies
C. On the Exemption Dimension of Government’s Restrictive Competition Behavior
The exception system of fair competition review refers to the situation that the review authority finds that some policies and measures have the effect of excluding and restricting competition in the process of implementing fair competition review, but it is finally allowed to be implemented based on the special provisions of the law. The exception system of fair competition review mainly includes two parts: substantive elements and procedural elements. In terms of the distinction between the relevant systems of anti-monopoly law, the exception system of fair competition review, the exception system of anti-monopoly law and the exemption system of anti-monopoly law have their inherent consistency and great differences. In order to understand the legal attribute of the exception system of fair competition review, we can comprehensively grasp it from the dimensions of the limitation of the universality of the conventional system, the legalization of specific public policies, and the exemption of the responsibility of the government in restricting competition.With the promulgation of the Opinions on the Establishment of the Fair Competition Review System in the Construction of the Market System by the State Council (hereinafter referred to as the Opinions of the State Council) in 2016 and the Detailed Rules for the Implementation of the Fair Competition Review System (Interim) (hereinafter referred to as the Interim Implementation Rules) issued by the five departments in 2017, the fair competition review system in China has initially taken shape. In terms of standard structure, it adopts the text style of ‘principle+exception’, that is, to introduce the corresponding exception system in addition to the conventional system. In other words, under the framework of the existing fair competition review system, a policy measure with the effect of excluding and r
