The Legal Regulation on Anti-Trust Law of Trade Association
|Keywords||Industry Association Restriction of competition Anti-monopoly law Legal Regulation|
The rise and development of social intermediary organizations is an important achievement in the modern economic and social development. And one of the industry associations as an important part of the social intermediary organizations play an important role in the improvement and development of the market economy. With the establishment of China's socialist market economic system and gradually improve as well as the deepening of China's reform of the political system, the industry associations in the development of our country has also experienced a scratch, gradually on the rise and rapid development of the process. However, due to China's market economic system is not perfect in many ways, the industry associations in the formation and development of our country is congenitally deficient, which lead to a restriction of competition led to industry associations, as well as how the problems of legal regulation of such acts in our is becoming more and more prominent. Therefore, we definitely Industry Association of the positive role of the market economy at the same time, we must recognize that Industry Association, which has a negative impede the normal operation of the market economic order, China's market economy has become increasingly serious restriction of competition One of the biggest obstacles to development. Industry Association on behalf of the local industry interests may conflict with the antitrust laws that protect the public interest of the market competition order, industry associations became Antitrust Regulation range of countries, to stop the exclusions and limitations may be implemented competitive behavior. On this issue, some foreign developed market economy countries have already enacted a comprehensive system of legal regulation. Compared with foreign antitrust regime, despite our \behavior requires to compare fuzzy slipshod, the restriction of competition is no talk about the industry associations, until August 30, 2007, China finally had an \, although the law made clear provisions of the restriction of competition of the industry associations, industry associations restriction of competition law regulation but remained powerless. Therefore, we selected industry associations antitrust regulatory issues as topics hoping to play little role in our standardized operation Industry Association. The main content is divided into five parts. The first part is the introduction, the research focuses on explaining the background of the topic, significance, and foreign academia as well as the research industry associations related problem; second part is divided into two parts First, industry associations and the restriction of competition theory combing, including Chinese and foreign generation of industry associations, development, and market competition. And industry associations to limit the concept of competitive behavior, characteristics, causes, and how to restrict competition in the market performance of elaborate; Part III is to investigate and foreign developed market economy countries is how to use the antitrust laws on the industry Association legal regulation of the restriction of competition, including the United States, Japan, Germany and other countries. And put forward suggestions on how to learn the advanced experience; fourth part is divided into three parts, respectively elaborated the price cartel behavior of the industry association, collective boycotts, information exchange behavior and standardized certification behavior. First, the status of collective boycott conduct of a price cartel, and industry associations of industry associations in China in the first, second, partly through a few examples of analysis, identify its problems. The third part of our Industry Association, the behavior of the exchange of information as well as standardized certification behavior how legal regulation recommendations; Part V compared to China's anti-monopoly law on industry associations restriction of competition regulation proposed system idea, focus on industry associations The system of supervision and restriction of competition law, the procedural mechanisms illegal standards and legal responsibility to conduct a feasibility analysis.