Research On The Regulation Of Behavior Restricting Competition Of Trade Association By The Antitrust Law

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. Trade associations are the organization of competitor in the same trade. They have two kinds of effects. One is active, the other is negative. It is effective in overcoming the malfunction of market and nation in modern society. But at the same time, the behavior restricting competition of the trade associations is directly hazardous to free competition which is the basic mechanism for an effective operation of the market economy. The relation between the trade association and the market competition is very closely, it is obvious that the Antitrust Law can not forbid the existence of trade associations. The only what it can do is to regulate the behavior of trade associations. However, at present in China the theoretical research on how to regulate such behaviors conducted by the trade association by Antitrust Law is behind the times. So, the author chose it as the research object of this problem.In this article, under the perspective of Antitrust Law, it analyses the behaviors of trade association in the market economy, and puts forward some proposes perfecting the regulation for the trade associations in the framework of antitrust structure in the ending. At first , it introduces the definition of the trade association, and analyses the relationship between trade association and market competition, emphasizes the necessity of regulating behavior restricting competition of trade association under the view of law and economic. Through an analysis to the behavior restricting competition of trade association of different countries in standards and certification, collective boycotts and information exchange, because of the different legislation and judicature of each country in regulating the behavior restricting competition of the trade association, it compares the practice between the rule of per se illegal and the rule of reason. At last, through the analysis on the specific characteristics and present situations of trade association in our country, it advises how to regulate the behavior restricting competition of trade associations by the Antitrust Law in our country.