我国学者通常将合法垄断、适用除外和豁免作为同义语使用,均指不为反垄断法所禁止的垄断行为。力求澄清三者之间的关系,并指出其各自在反垄断法上的不同地位。合法垄断即法律所许可的垄断,它包括适用除外与豁免两种情形。对于适用除外情形,不适用反垄断法;而豁免则是适用反垄断法的结果,关于豁免的条件与程度的规定是反垄断法的基本内容和有机组成部分。随着经济生活的进一步发展,适用除外的范围不断缩小,而豁免的空间则越来越大。人们对于垄断的积极意义的认可,主要体现在豁免规则的适用上。 Chinese scholars often use legal exclusions and exemptions as synonyms, both of which are not monopolistic acts that are not prohibited by antitrust laws. Strive to clarify the relationship between the three, and pointed out that their respective antitrust laws in different positions. The legal monopoly is the monopoly permitted by law, which includes the application of exclusions and exemptions. The anti-monopoly law is not applicable to cases of exemption, while the exemption is the result of the application of the anti-monopoly law. The provisions on the conditions and degree of exemption are the basic contents and organic components of the anti-monopoly law. With the further development of economic life, the scope of exclusion is steadily shrinking while the space for exemption is growing. The recognition of the positive significance of monopoly is mainly reflected in the application of the exemption rules.