On The Regulation To Behavior Restricting Competiong Of Trade Association

Trade association composed by operators from the same industry,is the nonprofit organization,and plays an important effect in overcoming the dysfunction of markplace and faiure of government.While seeing the positive role of trade association,we should also know the inactive aspect effect of it,which contains the behavior restrcting competition of trade association.With the development of our country market economy,the number of case of behavior restricting competition made by trade association is uptrend.Therefore,how to effectly regulate the behavior restricting competition carried out by trade association,becomes the problem needed to be solved urgently after studying.In Partâ… of this thesis,the author has distinguished the relationship between the trade association and similarity concepts such as chamber of commerce,guild and enterprise federation first,and has stablely restricted the concept of behavior restriting competition of trade association. Secondly,the author analyse the characteristics of behavior restricting competition of trade association,which contains complexity to be definited, unanimous and the bad results of the behavior,competed with that made by operators or operators united.Finally,the author finger out the incentive factors and the advantages that trade associations have to make behaviors restricting compatation.Partâ…¡has introduced the type of behavior restriting competition of trade association mainly.Behaviors restricting competition of trade association is various,which judged by different standard can be differentiated differently.Judgong from the way of behavior,it can be devided into behaviors made in agreement,behaviors made by information exchanging,and behaviors by standardizing.Among them,behaviors in agreement are the earliest and mainest way.The other two come into being gradually with the significance of information as well as standardizing.Partâ…¢has introuced the restrictions of foreign countrys,looking forword to providing experience to our country.When trade association dissimilates to be the implement to restricte competition,it should be regulated by competition law.In fact,the lot of countries make trade association clear in legislation.Liability is the final piont of restriction of behavior restriting competition of trade association.The subject of this liability contains not only trade association,members of trade association, but also persons liable for trade association and members of trade association.That responsibility includes civil liability,administration responsibility,and criminal liability also.To regulate the behavior restricting competition of trade association,system of exemptation is important,which includes special industrial exemptation and exemptation under peculiar circumstance.Partâ…£,the main body of this thesis,put forward proposals to perfect the regulations of our country,on the basis of drawing experience of foreign countries.In this part,the author analysis the current situation of behavior restrcting competition of trade association in our counry firstly. Secondly,the author point out the insufficient existing in the system to regulate the behavior restricting competition carried out by trade association in our country.And then,the author give suggestions to improve the system to regulate the behavior restricting competition carried out by trade association in our country.How to regulate the behavior restricting competition carried out by trade association has been taken seriously,and there are some articles in the Anti-monoply Law of our country newly passed.How to construct an effective system to regulate the behavior restricting competition carried out by trade association is an complex projection,which needs cooperation of legislation,enforcement of law,and administration of justice,in the process of deepening the reform of trade association.