Research On The Regulation Of Trade Association Information Exchange Behavior Under Anti-Monopoly Law

Information is important resource, operators’ demand for information is very strong. Trade association, which is a collective organization, can function as information library, collecting and using information to facilitate the operators. By information exchange, they can promote the development of the industry. But during the information exchange and dissemination, we have to face some problems. It may lead to price cartel, production alliance, division, group boycotts, and other restrictions on competition in the markets. Trade association information exchange behavior not only promotes economic development, it also causes negative effects. Current law and regulations for Trade Association information exchange is not specific, but we can refer to precedents and statute law from foreign countries that are similar to us. In China, the provisions of the Anti-monopoly Law on trade association restricting competition behavior including information exchange are principal. It is difficult to adapt to the real needs of society, it is necessary to regulate it.Based on above, I view from the anti-monopoly law, take general theory of trade association information exchange as the start, put forward clearly trade association information exchange behavior is essentially a monopoly agreement, analyze trade association information exchange in detail, and focus on the aspect in which trade association information exchange may arise restriction of competition. By comparing domestic and foreign legislation and judicial practice, identify the problems and solve them. Specifically, this article is divided into the following sections:For the first part, it focuses on the general theory of trade association information exchange behavior. By illustrating the concepts and characters, I put forward clearly trade association information exchange behavior is essentially a monopoly agreement, then analyze the competitive effects, and demonstrate the rationality on regulation to this kind of behavior from the different aspects.For the second part, it deals with the content on trade association information exchange behavior under anti-monopoly law. It introduces the content on the regulation of trade association information exchange behavior. The content is divided into four parts:the subject, the objective element, the result, and the responsibility. Specifically it pays attention to the participant, the incentive and intention, the characteristics of information, the characteristics of behavior, the external market environment, the result and the responsibility. At the same time, I introduce some foreign cases and statutory laws on the regulation of trade association information exchange behavior at full length.For the third part, it is concerned about the problems of anti-monopoly law regulating trade association information exchange behavior in China and how to improve and perfect it. The article talks about the present situation from the view of legislation, law enforcement and judiciary, analyzes the problems on trade association information exchange as well as the insufficient, and takes the measures to perfect it.