Study On The Anti-Monopoly Law Regulation Of Monopoly Agreement Among Industry Association

With the development of market economy in our country, the industry association playsan increasing important role, at the same time, once the industry association arrives at anmonopoly agreement, it will greatly impair the society. But the monopoly agreements ofindustry association do the passive deed in market order and economy operation，and infringethe legal rights of other enterprises and consumers. To regulate the monopoly agreements isthe requirement of the Anti-monopoly law of China. But the Anti-monopoly Law is just ageneral sexual regulation, and because of related provisions is imperfect, the law’senforcement comes up against a verity of obstacles. Based on the study of related casesanalysis, this dissertation researches the constituent elements，causes and regulation principlesof monopoly agreements of industry association, then through studies the legislative andjudicial experiences from developed countries, this dissertation gives recommendations forhow to perfect the Anti-monopoly Law Regulations of our country.Except for the exordium and conclusion, this thesis can divide into four parts:The exordium outlines the existing research of monopoly agreement of industryassociation，points out the limitation in practice，and then brings forward the research methodsand ideas of this dissertation.The first part defines the concept, analyzes the characteristics, elements and regulationprinciples of monopoly agreement among industry association. The monopoly agreementamong industry association is destructive, convert and national mandatory features. Toconstitute a monopoly agreement requires subject, behavior, market effect elements andsubjective elements. Illegal per se rule and Reasonable principle are regulation principle ofour country. Regulating monopoly agreements of industry association is not only the legalrequirements but also the needs of market economy.The second part analyzes the actualities, limitations and causes of Monopoly agreement ofIndustry association. This paper use qualitative and quantitative analysis method, statisticalthe monopoly agreement cases in recent years, summarize the characteristics of legal regulation. The article use theoretical analysis and empirical analysis methods, take the pointof the cause of it, from the aspect of subject, economic development and other aspects toanalysis.The third part expatiates the legislations of United States, Japan, Germany, EuropeanUnion and other countries and regions by the method of comparative analysis, compares thedifferent of the legislation principle, the liability regulation and the leniency policy of industryassociation, and according to our country’s condition, this paper gives out related methods forcontinuing establish perfect Anti-monopoly law regulation of monopoly agreement ofindustry association of our country.The last part discusses how to perfect the legal regulations in China. The part can bedivided into three aspects: first is to perfect the procedural setup in principle of fairness andjustice. Second is to build up responsibility system about monopoly agreement amongindustry association, establishing civil sanctions form. Last but not the least is to establish afull supervision system, curb the monopoly agreement in the bud.In the conclusion, the paper summarizes the Anti-monopoly law regulation status ofmonopoly agreement of industry association in our country, and expects to takemulti-disciplinary research method, makes a more comprehensive research.