关键词： 安全港规则, 规则构建, 反垄断法, 市场竞争

Abstract: The safe harbor rule of anti-monopoly law has been practiced for a long time in countries such as the United States and the European Union,and the fundamental motivation is the conflict between the universal applicability of anti-monopoly law and the complexity of its regulatory object.Legislators and law enforcers need to introduce appropriate tools to balance them.There are not only close relations but also significant differences between the safe harbor rules and the reasonable principle,exemption system and application exclusion system in the anti-monopoly law.In terms of content,because the abuse of market dominant position is harmful to market competition,the safe harbor rules of anti-monopoly law are not applicable to this kind of behavior;in terms of applicable conditions,market share elements are taken as positive elements,and the application of seriously restricting market competition behavior is excluded.The safe harbor rule in anti-monopoly law can be divided into two operating modes:presumption of legality and presumption of exemption.There are some doubts in Chinese academic circles about the introduction of safe harbor rules into anti-monopoly law,but these questions can be resolved.The rule has been preliminarily explored in the anti-monopoly practice of our country,which has accumulated preliminary experience for the construction of the rule.It is necessary for our country to introduce safe harbor rules into legislation.The following points should be grasped in the quotation:excluding the application of horizontal monopoly agreement,resale price maintenance agreement and abuse of market dominant position,adopting the safe harbor standard with market share standard as the main standard and alternative standard as supplement,and adhering to the principle of the combination of difference and unity and the coordination of stability and flexibility.

Key words: safe harbor rules, rule construction, anti-monopoly law, market competition