Study On The Regulation Of Information Exchange Among Trade Association

Information collection and release is one of the main functions of trade association. It can make the members accurately identify market demand and flexibly cope with market changes, but also help consumers to distinguish good commodities and services in many undertakings, which can increase the economic efficiency. Information exchanges, which take place on certain market, are likely to restrict members’ independence on decision-making, impose influence on operators outside the system, or change the original market conditions and eliminate the uncertainty of the market, eventually damage the normal competition order. How to define the information exchange among industry association? How to judge its illegality or not? How to suppress and regulate it by legal liability and exempt system? In contrast to foreign judicial precedents, our country scarcely has practical experience. Though Chinese Anti-monopoly Law and relative regulations construct basic framework for regulation on monopoly agreement, attach no enough attention for trade association and information exchange. Thus situation has no favor to the effective implementation of Anti-monopoly Law, and well running of trade association.Based on the above situation, the paper chooses to study on information exchange among trade association, with train of "general theory--illegality judgment--legal regulation" for logic thought. Compare and analysis the foreign legislation and judicial practice, then put forward some suggestions to improve our antitrust laws. The structure of this article is arranged as following:First part, expound general theory about information exchange of trade association. Information exchange is an important means for trade association to implement autonomy and maintain its members’ interests. It can be divided into different types according to different basis. While bring the huge value for enterprise, consumer, market and the whole society, information exchange sometimes cause negative effect on competition, hence should be subject to regulation under antitrust law.Second part, based on such foreign legislation and judicial practice as United States, Japan and EU, concludes general standards when judge the information exchange. Except for few information exchange which constitute horizontal price-fixed agreement, most cases are decided according to rule of reason. In the concrete analysis, the types of information exchanged, relevant market conditions, participants, exchange frequency, and other factors should be taken into consideration.Third part, study on legal sanctions of restrictive information exchange. Liabilities include three types, administrative and civil responsibilities are dominated, and criminal responsibility is subordinate. Besides trade association, the member enterprise, manager and other chief person of the association and enterprises shall also bear corresponding responsibility.Finally, in view.of the defects of Chinese antitrust legislation and judicial situation, this paper propose some regulation suggestions for future improvement.