Industry Association Of Legal Regulation Of Anti-competitive Behavior

The socialist market economy rapid development, increasing international exchanges, trade associations, business interests in the maintenance, coordination of business, government and the relationship between the market to overcome market failures and to maintain free competition in the market economy plays a very important role. China's trade association in the Chinese characteristics, after the establishment of a socialist market economy, to adapt to the needs of the market and competition, to grow up fast. Different backgrounds and needs of the times have created a trade association in China with characteristics different from those of other countries. Foreign market economic system and because of the earlier, the corresponding industry associations have experienced a longer period of time on the development of many countries have trade associations and regulatory laws and regulations. Industry Association and China's late start, the industry association is not in place to guide and standardize the relevant laws and regulations are imperfect, this is the result of trade associations and frequent acts of anti-competitive reasons.Association of anti-competitive conduct, including restrictions on competitive behavior and unfair competition, anti-competitive behavior has seriously damaged the consumer, business interests and undermine the free market competition and impede the progress of science and technology and economic development. In order to guide the healthy development of trade associations and encourage them to play a greater role, the state should be established to regulate trade association devoted to the law, improve the system of competition law and the Government should be separated with the Association, the Association can exercise the right to association, so that the industry Association as an independent self-governing organizations, and give full play to its service businesses, enhance the competitiveness of the important role. Unlike most trade associations have the characteristics of operators and should therefore be to improve the legal basis, to strengthen the supervisory role of the community, a fundamental solution to the industry association's anti-competition issues. Association of anti-competitive conduct has resulted in serious harm to society, but in our country there is no regulation of trade associations specific legislation, this will lead to the destruction of the order of competition and impede economic development. Regulation of foreign trade association of successful experience, can learn from China's legislation. Japan and Germany, the dual mode of regulation, in line with China's national conditions, China can learn from. This article from the China Association of the causes of anti-competitive conduct and harm to start, analysis of China's trade association for anti-competitive conduct regulation of the status quo and outside the system of regulation, made the following recommendations. From the legislative level: First, to amend and improve the Anti-Unfair Competition Law, to expand its scope of application. Second, improve the anti-monopoly law. Third, accelerate the formulation of trade association law. Fourth, the introduction of criminal responsibility, a sound accountability mechanisms. From the law enforcement level: First, to strengthen the efforts of law enforcement agencies investigate and deal with people, take the initiative to urge the law-abiding industry associations. Second, a unified law enforcement agencies, professional associations to boycott the anti-competitive behavior.