On The Restriction Of Competition Of Industry Association

Industry association is nonprofit legal entity in the same industry, for the purpose of common interests, thought peer operator providing various kinds of service for object, under the supervision of government, autonomous performance criteria for the folk activities in an unofficial agencies for the way.As the market main body status of the industry association,grows,the demands of social economy and government management on industry association strengthen ceaselessly,industry associations have developed rapidly, the influence of competitive mechanism increasingly prominent.But in recent years, there appear a large number industry association of limiting competition cases which leading to market economy system cannot effective operation.It is against the free competition, the harmfulness of behavior consequences is great.Therefore, it is particularly important that how to perfect our country industry association restrict competition behavior of the legal system,and guide the industry association own normal and orderly operation timely and effectively.First, this paper summarized the industry association restrict competition behavior in general, pointed out the great harm to the market competition.Then analyzed the forms of expression of the cartels behavior, boycott behavior, information exchange behavior and standardized behavior.The author selected legal system construction of mature USA, Germany, Japan and European Union as the inspection object, introduces the legal regulation of the foreign trade association cartel behavior, boycott behavior, information exchange behavior and standardized behavior respectively, sum up the successful experience of related legal system construction and the reference to our legal regulations.Finally the author analyzed the present industry association restrict competition behavior of supervising actuality and existing problems, try to make our country industry association restrict competition behavior legal system construction principle and implementation strategies based on the foreign successful legislation. The innovation points this paper are the improvement suggestions,which from the industry association restrictions of competition judge, clear the illegality of the behavior of legal responsibility subject and suitable exception and immunities three aspects .