An Analysis On Application Of Anti-Trust Law In The Insurance Industry Of China

The first part of this article take the first antitrust dispute case in the insurance industry shortly after the announce of the Anti-trust Law as the research object. By introducing claims and reasons of both the defendant and the plaintiff, the final outcome of the trial of case, listing views of both parties, summarizing the bone of contention with brief analysis and comment as to leads the topics discussed in this article which is the applicability of Anti-trust Law in China's insurance industry.The second part start from the analysis of the first focus of controversy, clarify the difference between monopolistic structure and monopolistic behavior, and focus on qualitative analysis of the monopoly structure of the insurance industry. Then to clarify reasons that why China's insurance industry do not belongs to the natural monopoly industry; clear the goals and points of Anti-trust Law, point out that the implementation of Anti-trust Laws is to curb monopolistic behavior, combination of above qualitative analysis of monopoly structure of China's insurance industry we reached that Anti-trust Law in China's insurance industry has applicability.In the coming part, describe how the Anti-trust Law applies in this case, mainly analysis of the second focus of controversy. By analysis of the relevant interpretations of Anti-trust Law to explain that the defendant's auto insurance premiums in self-discipline belongs to a monopoly agreement from the aspects of main body, content of monopoly agreements, and monopoly anti-trust immunity agreements.At last, deriving from this case, get the thinking of challenges and responses the insurance industry association faces after the implementation of the Anti-trust Law and expand discussion about it. Promote to carry out legitimate business strictly in accordance with the Anti-trust Law requirements, follow certain principles in formulation of rules, efforts to avoid the risk of breaching anti-trust law, embrace this challenge with positive attitude. Efforts to promote the great development of China's insurance industry and to achieve the maximization of consumer welfare.