On Anti-monopoly Law Regulation Concerning The Group Boycott Initiated By Trade Association In China

The trade associations are the inevitable products accompanied the market economy's development. For the market competition, trade associations are two-edged sword. As the fundamental force of modern civil society, trade associations effectively alternate market malfunction and government ineffectiveness. Because the trade associations are formed by numbers of same domain managers, their monopoly behavior's affection may be stronger than those individual's. Besides, associations provide better conditions for sponsoring, maintaining and implementing free market competition's restrictions, so we can not neglect the affection. We should regulate the trade associations'behavior under the anti-monopoly law so that their positive function can be fully exposed.In brief, group boycott is a group action executed by several men to cut off commercial relationship. And trade associations are the most common implementation main body, they often through agreements, decisions or concerted behavior jointly rejected to deal with other operators. In order to pursue the whole interest or competition advantage, trade associations often use the group boycott as a means to strike against your competitors or other specific operators. Because all of these do harm to the market competition, most of the countries regulate group boycott under the competition law. Group boycott initiated by trade association happens very often, so no exception in our country. But group boycott initiated by trade association has its specialty, and in some context its initiation is reasonable, and it plays a role in promoting market competition, so we should judge the illegality according to different situation.First this essay starts from the body trade association, by comparative analysis, we definite the implication of trade association, summarize the features and function of trade association, analyze the reason why anti-monopoly regulate the trade association's behavior, and all of these lay the foundation for the next discussion. The existence of group boycott is the essential premise for the next discussion. Following the definition of group boycott, this essay quickly studies the meaning of group boycott initiated by trade association, its characteristic and assortment. I especially study the specialty of this behavior, that is its double effect, and this makes the necessity of regulate this behavior clear. The essential issue of group boycott initiated by trade association is the judgment of illegality. If the trade association aims at elbowing out or restricting other operators and that maybe do harm to the just and freedom competition order, so that makes anti-monopoly law must regulate it. But if not for that objection, this possibly promotes competition, at this moment we should carefully consider how to judge its illegality, more specifically, and the element of market, aim and consequence are taken into account. Our country's anti-monopoly has just started up, among this the researches of group boycott of trade association are very scattered. In order better remedy this kind of limitation, this paper emphatically introduced about anti-monopoly law well-developed countries or region's relative regulation, such as America, Japan and EU. The building of law should base on local economy development and culture context. At last, contacted actual condition, I point out the insufficient of our country's anti-monopoly law, and taking the foreign legislation as reference, I raise some measures to perfect our anti-monopoly law.As for the research method, I use case analysis method and insert some relative cases and their analysis so that we can better comprehend some basic theory problem and its judgment of illegality. At the same time, I use comparative jurisprudence analysis method. I observe and study some foreign countries' experience about group boycott of trade association, by this way I find out the best point for our country to adopt system that is suitable for our situation. Besides, I use demonstration analysis method, combining the regulation of anti-monopoly law and administrative rules, I analyze the group boycott of trade association's specialty in our country and point out the short of these regulations and then raise some proposal.Main innovations in this paper reflect in some ways. First this paper definite the basic theory of group boycott of trade association and the characteristic, the reason of this behavior. Besides, I provide some new perspectives for the judgment of illegality and some other problems so that we can perfect some relating legislative. But because of my limited knowledge, I just give some superficial researches.