Anti-monopoly Law Regulation Of Behaviors Of Restriction On Competition By The Insurance Association

With the continuous development of market economy, the industry association in market economy plays an increasing important role. Due to the industry association are social organizations for common interests of special groups, in the pursuit of benefit maximization in the industry, industry association can play to the functions of active to promote common development of members of the industry, at the same time may take limit competition behavior, destroy the market competition order, damage the interests of the public. The Anti-monopoly Law of China have regulation on restrict competitive behavior of industry association, but the provisions are too simple, it can not achieve the expected legal effect in concrete application in some special field of industry association, industry association restrict competition behavior of related cases still emerge in endlessly. Especially since China promulgated Anti-monopoly Law, growing a series of the Insurance Association to organize the implementation of antitrust cases cased wide public concern. The Insurance Association as one of the industry association, due to the particularity of the industry, it’s relevant behavior may promote the orderly development of the insurance industry, but also undermine the market competition in the industry and do harmful to social and public interests in order to benefit. It’s very important to analyze the legitimacy of the concrete behavior of the Insurance Association, and we need to do further explore on the Anti-monopoly Law regulation of the restrictions of competition. In view of this, this paper mainly searches these problems.This article is divided into four parts, besides the introduction:The introduction introduces the series cases of Insurance Association organizing the members to achieve monopoly agreement in recent years, lead to the theoretical significance and practical significance of this paper, summarizes the research status on regulation of limit competition behavior of the Anti-monopoly Law at present academic circles, and proposes in this paper of research methods and innovation.The first part clarifies the basic meaning of the Insurance Association; the Insurance Association is compared with other ordinary industry association, summarizes the characteristics of the Insurance Association, and analyzes the applicability of the Insurance Association in the Anti-monopoly Law. Analyzes in detail several kind of restrict competition behavior of the Insurance Association.The second part mainly introduces illegality recognized principles on restrict competitive behavior at first, including per se rules and rational principles, and then analyzes application types of these two principles on restrict competitive behavior of the Insurance Association.The third part discusses responsibility system, including affirming the main responsibility body detailing and more about the administrative liability, civil liability and criminal liability. Finally puts forward the liability exemption situation of the insurance industry association restrict competition behavior, and the conditions as well as time limit that applicable exemption situation shall meet.The fourth part gives out some suggestion about the mentioned above. Includes defining the insurance industry association restrict competition behavior, inducting the characteristics of the insurance industry association restrict competition behavior, summarizing the types of the insurance industry association restrict competition behavior, and give out some opinions on the principle of the insurance industry association restrict competition behavior as well as the improvement of the responsibility system.