On The Legal Regulation Of China’s Trade Association Price Cartel

With the continuous development of market economy and the accelerating process of globalization, the trade association, as an important intermediary organization of the society, attracts more and more people’s attention and plays an increasingly important role in the market competition. The trade association can overcome market malfunction and restrict the improper exercise of administrative power through its own activities. It plays an important role in coordination, guidance on the development of the industry. However, the trade association’s special regulation of industry most likely evolves to restrict competition behavior.In recent years, exclude, restrict competition of the trade association, especially the price cartel, occurs in China frequently and seriously disturbs the normal market competition order, damages the legal rights and interests of consumers and other business operators. Trade association price cartel is the most popular restrictive competition acts and the greatest harm to competition. Therefore, all the world countries have the strict law in the trade association price cartel while courage the positive effect on competition.Nowadays, the law of trade association and its price cartel in our country scatters in several laws and related regulations, which are too principle, lack of operability and unable to meet the needs of the increasingly serious reality. Therefore, it’s very necessary to research on how to strengthen and improve the legal regulation of China’s trade association price cartel on the basis of reference to other countries’ experience in legislation and law enforcement practice. It has great significance and theory value on maintaining our normal market competition order, the legal rights and interests of consumers and other business operators Even to the extent that accelerating the improvement of the socialist market economic system, promoting the reform of administrative institutions and building an innovation-oriented country.An introduction and six chapters are included in this paper:The chapter one is the overview of the trade association price cartel. On the one hand, to clarify the basic concept of the trade association, its characteristics, function and the competitive advantage; On the other hand, to define the trade association price cartel, the characteristics of price cartel, and the relationship between trade association and price cartel in detail.The chapter two is the overview of China’s trade association price cartel by discussing China’s trade association’s development process and the particularity of price cartel. By analyzing the particularity of Chinese trade association so as to get the inevitability of the existence of price cartel initiated by trade association in China; Basing on the analysis of typical case can further proof the nature and harm of Chinese trade association price cartel.The chapter three is the introduction of the major countries in trade association price cartel law. On the basis of introducing the law of the world countries, this part highlights the legislation and law enforcement practice of the trade association price cartel in United States, Japan and Germany.The chapter four is to give proposals and suggestions on how to improve China’s trade association price cartel regulations. After analyzing China’s legislative situation and problems, this part gives the suggestions on enhancing and improving our country’s trade association price cartel regulations through three little parts, the improvement of anti monopoly law, strengthening the anti monopoly law enforcement and formulate the trade association law.