Trade Association Of China Legal Regulation Of Restriction Of Competition

As an important social media organization, the trade association hasdeveloped rapidly in China among these years, and has great effort upon thedefense of trade profit and the acceleration of local economy. On the view ofCompetition Law, the market behavior of the trade association seems to be adouble-edged sword. On the one hand, the trade association encourages a goodcompetition order; on the other hand it sets restrictions against free marketcompetition by its inherent functions, and disturbs economy order seriously.Thus it becomes the object of Counter-monopoly Law in many countries. ChinaSocialism Market Economy is on the key period. Since the trade associationsystem is incomplete, it is highly valuable for economy development to furtherstudy the behavior of the trade association, and perfect the trade associationoperation system.As to the study method, avoiding adopting single mode, this dissertationperforms discuss with a frame which combining economics, sociology andjurisprudence, to make a more deeply and completely analysis.The basis opinion of this dissertation is that the trade association is anassociation of non- mercantilism constituted by a certain group of competitors.As a conflict arises between the association benefit and the public benefit, it'seasy for the association to translate harmonization to collusion, and form theunited restrictive competition behavior, which need regulating byCounter-monopoly Law. Further in China, the development of the tradeassociation is of historical particularity, and its character, function and behaviormode are all influenced by the planned economy system to some degrees.Therefore perfecting the trade association system needs to suit the remedy to thecase. Government should not only confirm a judgment standard to the restrictivecompetition behavior, and build up an All-In-One legal system, but alsoemphasize regulating the harmony and connection among government and tradeassociation and enterprises.This dissertation has five chapters and 45,000 words.The foreword demonstrates current researches on the trade association andillustrates the study thinking of this dissertation. The first part introduces the fundamental issues of the trade associationincluding its definition, character and function, and then by contrasting theassociation function in the developed countries with that in China, reveals severalproblems of China association status, which settling a proper academicfoundation for the following discussion.The second part introduces the behavior modes of the trade association. Thebehavior brings tow effects: both private order and public order. As a conflictarises between them, there is a dialectic relation between the trade associationbehavior and market competition: positive and negative. Several modes of therestrictive competition behaviors are listed as follows: unifying price, quantityrestriction, market sharing, collectivized reject, and information exchange.The third part indicates nature and particularity of the restrictive competitionof the trade association, and classifies this behavior to an inherent united behavior,and further discusses the inside causes, which gives a full expatiation for PartFive.The fourth part reviews restrictive competition behavior particularity inChina. Since the trade association grew up accompanied with China economysystem reform, and was influenced deeply by history factors, its restrictivecompetition behaviors are pretty special. Moreover, from the angle of legislation,trade association management is rather disorderly. So there is plenty of existencespace for the restrictive competition behaviors. Status analysis is favorable for thefollowing part and keeps the measures more practical and effective.The final part proposes some suggestions to build up a multi-angle systemfor regulating the trade association behaviors: firstly, confirming a judgmentstandard to the restrictive competition behavior; secondly, setting an All-In-Oneunited project legal system which combining Trade Association Single Law,correlated statutes and Counter-monopoly Law; thirdly, optimizing mutualconnection among enterprises, association, and government, and indicating thatas "night watchman" government should would only do what is right, but willnot do what is wrong.