Trade Association Self-discipline And Its Legal Regulation,

Trade association has performed a more and more important role in the economics in nowadays, as long as the socialistic market-oriented economy' s building and perfection in our country. Trade associations function into their members' marketing actions mainly by self-regulations, especially price self-regulation. As the price self-regulation makes both improving and blocking to the oriented-economy which marked as competition and the consumer welfare, this paper tries to study it by the method of comparative jurisprudence and economic analysis of law, discussing according to the train of thought of bringing up problems-analyzing problems-resolving problems.This article includes 4 chapters except for the head note and the epilog.The first chapter has a definition of trade association' s price self-regulation. First it discusses the definition of trade association, then the price self-regulation. Secondly, it lists the characteristics of trade association' s price self-regulation. Further more, it tells the difference between trade association' s price self-regulation, price alliance and the price agreement between companies by comparing those relevant terms. In the end of this chapter, it classifies the trade association' s price self-regulation by different standards.In the second chapter, by the clearance of the definition of trade association' s price self-regulation behaviors, we try to go deeper to discuss the both function of improving and blocking, especially blocking. It refers to 4 aspects to support: first, the main forms of blocking of the trade association' s price self-regulation(union pricing, information exchanging, standalization and price discrimination) ;second, the harm of the blocking competition of the trade association' s price self-regulation behaviors; third, the inscapes of the blocking competition behaviors; forth, the theoretic analysis of those blocking competition behaviors of the trade association' s price self-regulation in jurisprudence and economics. This chapter has further defined that not all the price self-regulation behaviors are under the restriction of the law, instead, the restriction is conditioned in some range. This chapter offers the theoretic support of the restriction to the trade associations' price self-regulations.The third chapter of this article reviews the law restrictions to the price self-regulation behaviors by trade associations in foreign countries and Taiwan. First it introduces the common principles of concluding the validity of price self-regulation behaviors, consulting the detailed regulations in America, Germany, Japan, Taiwan District and European Union, and mainly emphasizing particularly on legislations, legal responsibilities and exceptions. At last, it hopes to get some inspirations into our legislations.The last chapter of this article brings some considerations of how to perfect the legislations of restricting the trade associations' price self-regulation behaviors in our country. It takes some suggestions according to the analysis of the present legislations of restriction to the associations' price self-regulations behaviors in our country as well as some comments on the which promulgated on 30^th,AUG, 2007.