The Legal Regulation On Anti-Trust Law Of Trade Association

The rise and development of social intermediaries organization is one of the important achievements in the economic and social development in modern times. Trade Association as one of the important components of social intermediary organization, which plays an important role in improvement and development of the market economy . With the establishment of a socialist market economy system in China and gradually improving and deepening of the political system reform in China, the development of trade Associations in China also underwent a process from scratch, emerging to rising rapidly. But China's market economy system is incomplete in many respects , so the formation and development of Trade Associations in China is congenitally deficient itself, this leads to an association led by limiting competition and on how to carry out such acts seems more and more prominent issues of legal regulation in China. Therefore, we affirm the positive role of industry associations in market economy, while also recognizing industry association on one side of the normal operation of the market economic order has a negative obstacles, due to the growing problem of its limited competition,which has become one of the biggest obstacles to China's market economic development.As the trade representing local industry interests very likely and anti-monopoly law the protection of market competition order that the public interest conflict, so industry association became the national scope of the anti-monopoly law, exclude and limit to deter possible anti-competitive conduct. In this issue, some foreign market economy more developed countries have already developed a complete system of legal regulation. And abroad relative perfect of anti-monopoly method system compared, despite in China of price method under, and anti-does not legitimate competition method under, and consumer interest protection method under on this problem are has involved, but above legal terms on limit competition behavior are provisions to comparison fuzzy slipshod, on Industry Association limit competition behavior more is no on up, until on August 30, 2007, China finally has had an "economic Constitution" which named People's Republic of China anti-monopoly Act, although the Act on trade Association has made regulations on restrictions on competition clearly of, but to regulate the actions on the restrictions on competition of trade association limit competition legally is still not powerful.Therefore, this paper selected how to regulate this deeds as topics, hoping to play a role in the standardized operation of trade association in China.The main content can be divided into five parts.The first part is the introduction, which clarified the topic-oriented background, significance, academic research results at home and abroad, and methods to study trade association-related issues; partⅡ,which are divided into two parts .firstly sorting out the trade associations and their actions of restriction competition in terns of theory, including the emergence and development of trade associations both in China and foreign countries, and the role of competition in the market. And then stateing the concept of trade associations which limit competition, characteristics, causes, and how to limit competition in the market such as various manifestations elaborately; partⅢis to investigate some of the more developed countries and regions in the market economy both in China and abroad, which how to use the anti-monopoly law to legally regulate the restricted competition of trade associations, including the United States, Japan, and Germany as well as in Hong Kong of China. And to put forward suggestions on how to learn the advanced experience of these countries and area above; partⅣis divided into three parts, respectively elaborated Association price cartel behaviour, group boycotts, information exchange, as well as standardization and certification. In the first and second part, by taking a few examples to analysize the Chinese trade associations'price cartels and association status of group boycotts, identify the problems in this. Part three is on for information exchange as well as standardization and certification of trade associations in,and make some recommendations how to legally regulate these problems;.The part v is that by Chinese anti-monopoly Act how to regulate a number of system conception of restricting competition produced by Trade Associations, focus on the legal supervision system and analysis to restrict competition acts, procedures mechanisms, violations of law and standards, and legal responsibilities practically.