Collaborative Restraints Of Trade Association And The Regulation

At present, the trade association plays a more and more important role in the social development in China with the urgent needs of the strengthening of the economic democratization and the conversion of the governmental functions. But meanwhile, it also has the negative effect on the social development, for example, the collaborative restraints of the trade association directly opposites to free competition, the basic mechanism for an effective operation of the market economy. The result of such activity is more hazardous so it is the object to be regulated by Anti-monopoly Law of many countries. However, at present in China the theoretical research on how to regulate such activities conducted by the trade association by Anti-monopoly Law is behind the times. So, the author chose it as the research object of this problem.This article is divided into four parts:Part I: It firstly introduced several usual activities of the collaborative restraints of the trade association in economic living of our country, and proposed that the disadvantageous law execution and imperfect laws and regulations provided the living space for the massive existence of the collaborative restraints of the trade association of our country.Part II: It proposed that, in view of the market competition the trade association is like a double-blade sword, which can produce both the positive and negative effect. In the negative effect, the low economic efficiency and the breach of the competitive order are two phenomenon most easily occurred and most easily accused by the society and regulated by laws, which are caused by the collaborative restraints, so it should be regulated by the Anti-monopoly Law. Since the trade association has different characteristics with the typical market entity, the collaborative restraints are more covered and hazardous, so all Anti-monopoly Law of developed countries will clearly rank the trade association as their regulation objects.Part III: Through a comparative analysis to the practice of Anti-monopolyand the legislation patterns represented by America, European Community and Japan we knew that because of the different situation of each country and the different legal traditions, the legislation and judicature are different in regulate the collaborative restraints of the trade association. We suggested that when our country plans to regulate the collaborative restraints of the trade association, it should fully consider the situation of our country so as to realize a best combination of the system arrangement with the real situation.Part IV: It is the concluding part of this article, it analyzed other countries' laws and regulations with an aim to design the restriction system of our country's Anti-monopoly Law to the collaborative restraints of the trade association. The author suggested that our country's Anti-monopoly Law may use the legislation mode of Japan as reference, made clear regulations from the listing of the activities, applicable excluding system, investigation of the responsibilities to the law execution organ so as to accord with the practical needs of our country.Through the analysis on the collaborative restraints of the trade association, planning the restriction system of our country's Anti-monopoly Law on the collaborative restraints is the aim of this article, however, there is no Anti -monopoly Law in China at present, so the further and systematical discussions on this aspect are fewer, so this article adopted legal comparison method and legal explanation method in the aspect of system plan to describe the restriction system of different countries on the collaborative restraints of the trade association. But because of different legal traditions in different countries, the restriction systems are generally different. Therefore, this article exerted the legal analysis method to analyze the legislation characteristics of each country, and according to the relevant theoretical analysis and the actual situation in our country, the author proposed a thinking way of the legislation of the Anti-monopoly Law in our country to regulate the collaborative restraints of the trade association.