The Legal Regulation Of Behaviors Of Restriction Competition By Trade Association

With the development of market economy, the increasingly fierce market competition, behaviors of Restriction Competition of the trade associations have entered the legislator's perspective. Trade associations as the representatives of the same trade of the operators for the common interests, the two sides of its impact on market competition have been gradually highlighted. They not only stabalize the society, business, industry, but also damage the normal competition order. In order to curb this negative impact of the expansion, it is necessary to restrict competition on the trade association for proper regulation of behavior. The other countries' competition laws have been included in the scope of regulations, China's "anti-monopoly law" is no exception. The current situation of the legislation in our country tend to be principle, the existing research is relatively weak, so it still can not meet the need for legal regulation, especially in the part of the legal responsibility and supervision. In view of this, the paper chose to study this problem.The article is divided into four parts:The first part introduces the basic concepts of trade associations, include the related definition, history, and some concept discrimination. Secondly, it analizes the characteristics of the industry associations, including the industry-based, voluntary, non-profit, intermediary and self-discipline, followed by the introduction of the trade association of several types, while China's trade association type is indicated.The second part is the trade association restrict competition harm performance, which acts mainly as fixed prices, group boycotts, information exchange and standards and certification. These actions point to the following characteristics: Monopolistic behavior with the administration, the special subject and hardly noticeable effect. Through the above analysis prove the restriction of competition of serious harm.The third part introduces the trade association of foreign law restricting competition provisions. It first introduces the two international principles, and is presented by the restricting competition laws of U.S., Japan and E.U. law on the specific approach. Finally from three perspectives of administrative, civil and criminal, it introduces the other countries of the legal responsibility provisions. The fourth part, to perfect our relative Legal Regulations as a starting point, through the interpretation of our country's legislative situation and the text of the research, points out the defects of China's existing laws, put forward some concrete proposals for the subject of trade associations, legal responsibility and supervisions.