The Rule Of Antitrust Law On Information Exchang Of Trade Association

The calculability and predictability of rational law, as Max Weber, the distinguished sociologist, put it, guaranteed the capitalism economy. The Antitrust Law of China is lack of these characters. The competition limitation of trade associations has been summarized out of practical experience by scholars, within the theoretical lay. Among those conducts, information exchange should be placed more attention, because this anti-competition is often concealed and has rationality itself. Our judicial practice doesn't have the experience of information exchange, which leads to the difficulties of operation. Information exchange is the means by which trade associations ruled market with the government, which deserved the encouragement. But what is the boundary between the legitimacy and invalid, and what is the evaluation standard. The two problems, relating to the implementation of law and its calculability and predictability, have not yet been researched.This paper is based on the experience of case law of American thereby refining the evaluation standards. Chapter one introduced the concept of trade association and its anti-competition. Chapter two focused on the evaluation of positive law concerning the information exchange in order to reveal the drawbacks of exiting law. Chapter three starting with the American case law, refined the different judicial precedence about that within the subjective and objective aspects, plus the dominate market status condition. Based on the three previous chapters, the last one put some suggestions for the perfection of Antitrust Law.