Anti-Monopoly Regulations On Behavior Of Restrictive Competition Of Trade Association

In modern society, trade association has become more and more important as a social intermediary organization between the government and the market. During the economic transition of our country, trade associations sometimes restrict competition through actions such as fixed price, quantity restrictions, market sharing, collective boycott and so on. These actions seriously endanger the market order of fair competition and infringed legal rights of other enterprises and the interests of the consumers. So they are prohibited from doing these actions in all countries by antimonopoly law. China's "antimonopoly law" also stipulates that trade associations shall strengthen self-discipline, and guide the enterprises in the industry competition in accordance with the law to maintain a good market environment. However, the specific provisions concerning the regulation of trade association are relatively simple and general, and in actual operation may bring about many problems. This paper argues that the nature of the concerning trade association should be identified according to the specific way of its behavior and whether or not authorized by law. Illegality of actions seriously endangering market order such as fixed prices, limiting production and dividing up the market should be analyzed by per se rule and that of other actions by rule of reason. The law should increase the cost of illegal actions of trade associations by enhancing administrative, civil and criminal liabilities to regulate the economic behavior of trade associations more efficiently and promote the economic development.