Regulation Of The United States Antitrust Law On The Restriction Of Competition In The Industry Associations

As the most developed country, American associations, propelled by certain history, culture and market mechanism, have gradually become an indispensable bridge between enterprises and the government. While advancing the enormous development of economy, they have also produced competition limitations, to which more and more attention have been paid by American Antitrust Law. America promulgated the earliest antitrust law - Sherman Act, and the judicial practices have also accumulated abundant cases law, which concern five typical restrictive practices: price-fixing, market-dividing, collective boycott, standardization activity and advertisement-limit. What's more, it analyzes three basic rules by USA Antitrust Institute and courts when they investigate these practices: Rule of Per Se, Rule of Reason, Quick Look Rule of Reason, which are "the analysis on the nationality" in nature, and of which the basic standard is to balance the positive and negative effect of the restrictive practices of associations. These antitrust theories have great value to our China in theory and practice.In China, associations are the result of the innovation of economic system, and the particular background made their status inaccurate. Along with the rapid development of Chinese associations, their restrictive activities certainly do damage to our economy. So, it is imminent to make further study of the regulation on their restrictive practices. Through the cornparison study method, drawing on the regulation theory of American antitrust law, it has important meaning for China to strengthen the legislation from the view of antitrust and the construction of associations themselves.