Industry Association Of Legal Regulation Of Anti-competitive Behavior

With the accelerated pace of economic democratization and the transformation of government functions in-depth , as a non-profit organization,the trade associations in China's economic life has played an important role as time goes on, it can achieve the self-management of enterprises irreplaceablly . however, the association is a "double-edged sword" ,when it plays an active role ,it can be used as a tool for anti-competitive behavior. it is necessary for the legal regulations for the anti-competitive behavior.but there is no system in our existing legislation, and the theoretical study also relatively weaken , in view of this, the auther chooses the issue to study .The article is divided into three parts, it starts with the presentation of problem,then analyses the problem,the solution to the problem is posed at the end. The principal elements are as follows :Part I : the author analyses the actual performance of anti-competitive behavior conducted by trade associations,which expounds the legal regulation for the trade associations's anti-competitive conduct is based on the practice .the author firstly introduces the types of improper competition,then expose the type of restricting competition. For the behavior our existing literature involves fewer and done by trade associations rather specially ,the author provides detailed examples and theoretical analysis.Part II : Based on the theoretical analysis of anti-competitive conduct by trade associations ,the author demonstrates the necessity and justification of legal regulation for trade associations ,. the author firstly expounds special cause from four angles such as the rights or powers susceptible to abuse. and the trade assosiation represent the special interests ; secondly focuses on the analysis of anti-competitive behavior characteristics conducted by trade associations ,one of which is covert ; finally demonstrates that the regulation of behavior have specific theoretical foundation ,this part involves three aspects ,one of which is the regulation can avoid loss of function that the trade associations can make up for the flaws or defects of the govenment and market.Part III : The author purposes to study how to regulate anti-competitive conduct , which is the focus of this paper. and is also the goal. Some of the first is to explore the deficiencies of the existing legislation ,then proposes a comprehensive proposal .viewing the "anti-unfair competition law" ,the "anti-monopoly law" and the "association law" as points. the author emphasizes trade associations should be included in the "anti-unfair competition Law" regulation target ,and the "anti-monopoly law" should pay attention to the dominant position of trade associations ,special regulations and concrete application of the legal responsibility should be seperately set up , the "association law" should pay attention to the rational design of the trade associations 'management structure .finally, the author gives regulation proposals from the law enforcement perspective.