On The Regulation Of Industrial Associations' Restrictive Practices In Standardization On Anti-Monopoly Law

For remedying the defects of market and government , many organizations of self-government,such as trade associations,have been playing more and more important role as the third force for the social economy's development. Standards and certifications are posed importantly of modern market competition, and are essential for specific industry and products entering the market. Enterprises in the same industry to find a good trade order and, the development of the industry environment, and the common interests of the collective protection needs, will transfer the authority of setting up industry standards and certification voluntarily to industry associations through contracts. And trade associations establish a public competition platform which enterprises can be"public goods"to enter the market through standardization activities. From the perspective of competition law , trade associations and standardized behavior is a"double-edged sword". From one side, it makes good effect in promoting competition in the market, while on the other side, it uses its corporate members through its functional advantages of limiting free competition,directly or indirectly damages consumers'interests,as many countries antimonopoly laws and regulations of the target. China's market economy is in a crucial period of development,and the gradual transformation of government functions to the functions of trade associations will make industry associations bear increasingly more industry standards and certification. In-depth study of its standardization, especially the study of trade associations'standardization activities in a restriction of competition and hindering the study of China's socialist market economy and healthy development has a profound practical significance.