陈兵：垄断协议豁免制度可以继续优化丨法经兵言

Group 1 - The core viewpoint emphasizes the need for flexibility in antitrust laws to allow exemptions for certain agreements that can enhance efficiency and innovation while benefiting consumers [1][2] - The antitrust exemption system in China faces challenges such as vague standards, complex procedures, and difficulties in providing evidence for compliance [2][3] - The current understanding of "efficiency" within the exemption framework is too narrow, focusing mainly on static production efficiency and neglecting dynamic innovation efficiency [2][3] Group 2 - The complexity and operational weaknesses of the exemption application process create uncertainty for businesses, as they often do not know how or when to apply for exemptions [3] - There is a conservative implementation of the exemption system, with very few successful cases, reflecting a cautious attitude from enforcement agencies [3] - The lack of coordination between the antitrust exemption system and other public policies, such as industrial and innovation policies, leads to conflicts and barriers [3] Group 3 - The exemption system should adapt dynamically to different economic cycles, allowing for more lenient standards during downturns to support struggling industries [4] - A mechanism for adjusting exemption standards based on macroeconomic indicators like PMI and capacity utilization should be established [4] Group 4 - International practices provide diverse references for China's exemption system, with the EU offering a clear framework that distinguishes between purpose-based and effect-based restrictions [6][7] - The U.S. model emphasizes flexibility and case-by-case analysis, allowing for efficiency defenses in competitive agreements [6] - Countries like Japan and South Korea adopt cautious approaches, clearly listing exemption scenarios while ensuring adaptability to local economic conditions [7] Group 5 - Recommendations for optimizing the exemption system include establishing clear guidelines for exemption criteria, enhancing the capabilities of enforcement agencies, and improving the efficiency of the application process [8] - The introduction of a "safe harbor" rule for low market share agreements could provide clearer compliance expectations for businesses [8]