Research On Anti-monopoly Law Regulation Of Information Exchange

Information exchange can make operators be full to understand and grasp the market information, then operators make arrangements rationally for production according to market conditions and improve operational efficiency. That may promote related industries economic efficiency. But information exchange may also create favorable conditions for the same industry operators to combinate, which will result in price cartel, production alliances, market division and other behaviors to restrict market competition. That is why we make law regulation of information exchange. Although Price Law of the People’s Republic of China, Anti-Monopoly Law of the People’s Republic of China and other laws provide legislative basis for the law Regulation of information exchange. It is also obviously deficient on legislation and law enforcement. Due to many factors, operators often do monopolistic behaviors by information exchange in our country, which damages seriously the mechanism of market competition and consumer interests. Therefore, it is very important to judge the nature of the information exchange and take appropriate actions at antitrust practice.Except the introduction and conclusion, the paper divided into three chapters.The first chapter analyzes the basic issue of information exchange. In order to do a better research on law regulation of information exchange, the first chapter gives definition to it, and it also analyses its basic features. This chapter divides main types of information exchange. Information exchange may promote related industries economic efficiency, and it also may become a special way for operators to make coordinated actions and limit competition. It’s important to analyze what information exchange will have an effect on market, which is the important basis of research on law regulation of information exchange.The second chapter investigates the practice on anti-monopoly law regulation of information exchange. We often see that operators make coordinated actions and limit competition by information exchange in every country. How to define the nature of information exchange accurately is the point of practice. This chapter investigates the regulatory practices and experience of America, EU and German. Then it analyzes and summarizes the identified elements of illegal information exchange. It also discusses the legal responsibility of information exchange, especially legal responsibility subject of information exchange carried out by industry associations and operators are discussed in some detail, so does classified legal responsibility.The third chapter is based on the status of legislation and law enforcement of anti-monopoly law regulation of information exchange, and explores ways to improve our regulatory system for information exchange. For one thing our legislation is not so well (the contents of legislation are not detail, operability are not strong, mechanisms of legal responsibility are not perfect), for another law enforcement is absent. So this chapter discusses measures to improve our system of anti-monopoly law regulation of information exchange from legislation and law enforcement. China should strengthen legislation, definite legal basis, establish effective legal mechanisms, strengthen law enforcement and establish leniency policy for industry associations.