重庆工商大学学报(社会科学版)Issue(2):60-67,8.DOI:12.3969/j.issn.1672-0598.2015.02.008
我国对外贸易反垄断豁免失当性分析及其完善
The Analysis and Improvement on the Invalidity of the Exemption from the Antimonopoly of the Foreign Trade in China
摘要
Abstract
Article 15 in Antimonopoly Law of China provides that the exemption from the foreign trade includes the exemption from im⁃port and export. The basis of the exemption from import cartel is that the protection of competitor is prior to the protection of competi⁃tion, 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 benefit” exemption should be explained in restriction so that the abuse of the regulation is prevented to cause unnecessary harm.关键词
对外贸易反垄断豁免/进口卡特尔豁免/出口卡特尔豁免Key words
antimonopoly exemption from the foreign trade/exemption from import cartel/exemption from export cartel分类
社会科学引用本文复制引用
刘廷涛..我国对外贸易反垄断豁免失当性分析及其完善[J].重庆工商大学学报(社会科学版),2015,(2):60-67,8.