Industry Association Of Self-discipline Research

Industry associations distribute important functions to the establishment andevolution of market-oriented economy in China. Self-regulation, organized byindustry associations, makes both improving and blocking influence to the economyefficiency, competition and consumer welfare. This paper studies self-regulation ofindustry associations in the viewpoint of anti-trust laws, adopting the method ofcomparative jurisprudence and economic analysis of law. Definition ofself-regulation is given as the target of the study. Industry associations areidentified the principal of self-regulation behavior, and the applicable principal ofanti-trust laws. Various forms of self-regulation are generalized to 2 typicalcategories: the intervention on market behavior and the intervention on marketstructure. Self-regulation has potential nature of anti-competition. In the view ofanti-trust laws, it is possibly prohibited as the conspiracy of competitors, the abuseof a dominant position, or the monopoly created by administrative power.Afterward, the regulation of anti-trust laws on self-regulation is reviewed, includingthe rule of reason, the exemptions system and the application of WTO rules. Theconclusion of this paper is that self-regulation of industry associations shall be wellregulated by anti-trust laws and watchfully encouraged to ensure its positivefunctions. Finally, suggestions are raised to the legislation of Law of IndustryAssociation and Law of Anti-trust.