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Exemption from my country’s Antitrust Law

Legal subjectivity:

The provisions of anti-monopoly and anti-unfair competition in our country are: 1. Legislative purpose. The Anti-Unfair Competition Law mainly opposes the behavior of operators who, for the purpose of competition, violate the principles of good faith and recognized business ethics in market transactions, and use unfair means to seize the competitive advantages of others. Therefore, it first protects the interests of bona fide operators harmed by unfair competition practices in order to maintain the market order of fair competition. In this sense, the value concept pursued by the Anti-Unfair Competition Law is fair competition. Antitrust laws are based on maintaining the competitiveness of the market, and the purpose is to ensure that there are enough competitors in the market so that counterparties and consumers have the right to choose goods in the market. According to the theory of anti-monopoly law, only when a monopoly or monopoly trend appears in the market can the government intervene in the market. The purpose of intervention is to reduce market concentration and adjust the market structure. Therefore, in summary, the value concept pursued by the antitrust law is free competition, with the purpose of ensuring the right of enterprises to freely participate in market competition and improving economic efficiency and the social welfare of consumers. 2. Regulation objects. The anti-unfair competition law mainly focuses on the mutual competitive behavior among enterprises in the market, with the purpose of stopping unfair competition; the anti-monopoly law focuses on the coordinated behavior among competitors, with the purpose of preventing the formation of a situation in the market that eliminates competition or seriously A situation that restricts competition. Therefore, an act that violates antitrust laws, such as competitors agreeing on the price of goods or services, does not violate the anti-unfair competition law because it does not harm the interests of any competitor. On the other hand, unfair competition behaviors such as counterfeiting trademarks or counterfeiting patents will not affect the market competition structure or reduce the number of competitors in the market, and antitrust laws will not consider them illegal. Of course, the Anti-Monopoly Law also contains some regulations on corporate market behavior, especially provisions prohibiting the abuse of market dominance, such as prohibiting such companies from engaging in tying or price discrimination. However, the antitrust law prohibits these behaviors not because they are unfair or unfair (of course these behaviors are unfair or unfair), but because these behaviors will strengthen the market dominance that the perpetrator has already achieved, thereby deteriorating the market. on the competition conditions. Therefore, the anti-monopoly law’s rules on corporate market behavior only target large companies with dominant market positions. Legal objectivity:

Article 2 of the "Anti-Monopoly Law of the People's Republic of China" This law shall apply to monopolistic behaviors in economic activities within the territory of the People's Republic of China; This law shall apply if monopolistic behavior outside the country's borders has the effect of excluding or restricting competition in the domestic market. Article 3 of the "Anti-Monopoly Law of the People's Republic of China" Monopolistic behaviors stipulated in this law include: (1) Operators reach a monopoly agreement; (2) Operators abuse their dominant market position; (3) Have or may have the ability to exclude , the concentration of operators that restricts the effect of competition.