The Laws And Regulations Of Trade Association Restricting Competition

Trade association is an important way of economic governance in the mature market system.It is the communication bridge between the government and the market,and all the same it plays an important role in establishing and maintaining the market order and industry order.Trade associations,as the force that generated in the process of economic development,play an important role in promoting the autonomy of the market economy and achieving separation between governments and enterprises. According to scholars and the relevant legislations about the definition of trade associations, trade association is a community organization with a mutually beneficial nature, self-discipline nature, non-governmental nature.And it composes of members from the same industry. Service, coordination and self-discipline are three basic functions of the trade association. And they all have pro-competitive effect. With the development of trade associations in recent years, more and more companies and groups join the trade association of their industry. Because of the appeal and leadership in their industry, the trade associations decisions have a certain execution and impact. According to the research of foreign trade associations and national trade associations, trade associations have the subjective motives in restricting competitive and external favorable conditions Once trade associations use their natural advantages and favorable external conditions to organize the internal members of the trade associations for a collective by reaching agreement, forming a price alliance, dividing the market, limiting the number and so on. So that it may evolves introduction associations, decisions to restrict competition behavior Trade associations restricting competition is an activity which, in its purview, makes the intention to restrict competition and put into practice this means in accordance with procedures stipulated in the constitution or the legal procedures. Compared with the operators of restriction of competition, it has itself features, such as the complex subjects, special behaviors, and greater social harm. The restricting competition behavior damages the fair market competition and reduces the efficiency of economic operation, so that it is danger.In China, the trade association restricting competition has existed for a long time, more frequent in recent years, and its manifestations are diversified So that the phenomenon of trade associations of restricting competition is more and more intensified. Before the "anti-monopoly law", the law regulations about the restricting competition of trade associations scattered several laws. And it has lower legal hierarchy and the lack of operational and system. Based on this situation, in 2007, China promulgated the "anti-monopoly law" to regulate the trade associations and restricting competition behaviors. However, the regulations about trade associations restricting competition are more general and abstract in China "anti-monopoly law", all the same the operability is still not strong, and this will lead to some confusion and misunderstanding in anti-monopoly law enforcement practices.The increasingly serious situation of trade associations restricting competition and the lack of legislation,which calls for scholars to respond and make research about trade association restricting competition and regulation of related legislations. However, there is not enough of the academic attention to this study. View of this, "the legal regulation of competition of trade association restricting competition" as the title of this thesis, aiming to make up for lack of theoretical research,and I hope that there is a benefit for the effective regulation of our law about trade association restricting competition.Article falls into five sections expand on:The first part, overview of the trade associations. The purpose that put the concept of trade associations in the first part is to clear the writing of the main and establish doctrine based. Including the relevant laws shall in China and foreign countries, the Field representative views, The characteristics of trade association, the differences between trade association and chamber, professional associations, intermediary. On the basis of these research, I tried to propose personal opinions about the definition of trade association. The emphasis of the second part of is the representations of the trade association restricting competition and the causes from both internal and external angles. In the third part introduce the rule of laws of foreign countries about trade association restricting competition. In the fourth part analyse the status quo and cause of the trade association restricting competition in our country. In the fifth part, I proposed the proposals about improving the rule of trade association restricting competition. Including universal international norms of the legislative experience and the specific measures against the actual state of our country. Specific including reforming the system of trade association, speeding up the legislative process of the trade associations.On this basis, I proposed to establish sound corporate management mechanisms, introduce the jury system in judicial practice. I hope these proposals could have been some borrowing in the rule of law of trade association restricting competitive actions.